What Is BNSS Section 73?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 73: Power to direct security to be taken

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state—

• (a) the number of sureties;
• (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
• (c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

Brefe Detail

Section 73 grants courts the authority to direct that a person arrested can be released upon providing a bond with sufficient sureties for their attendance in court. It outlines the necessary details to be included in the endorsement on the warrant.

Question & Answers

Q1: What power does Section 73 grant to the Court?

A1: Section 73 allows the Court to direct that a person arrested may be released if they execute a bond with sufficient sureties for their attendance in court.

Q2: What details must the endorsement on the warrant include?

A2: The endorsement must state the number of sureties, the amount they and the person for whose arrest the warrant is issued are to be bound, and the time they are to attend before the Court.

Q3: What happens after security is taken under this section?

A3: The officer to whom the warrant is directed must forward the bond to the Court.

Example

- Scenario: A court issues a warrant for an individual’s arrest for failing to appear in a previous hearing. The court allows the individual to be released if they provide a bond with two sureties amounting to ₹50,000 each, stating that they must appear in court within two weeks.

Summary

Section 73 of the Bharatiya Nagarik Suraksha Sanhita empowers courts to allow the release of an arrested individual upon the execution of a bond with sureties. It specifies the details required for the endorsement and the procedure for forwarding the bond to the court.