Section 73 BNSS: Power to direct security to be taken (Formerly Section 71 CrPC)

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

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 bail 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bailable Offence Sec 2(1)(a) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 73

Section 73 empowers any court issuing a warrant of arrest to make an endorsement on the warrant directing that if the arrestee executes a bond with sufficient sureties for appearance, the arresting officer shall take such security and release them (Bailable Warrant).

Endorsement on Warrant: Court endorses in writing on the warrant that security may be taken.
Specified Endorsement Terms: Must specify: (1) number of sureties; (2) amount of bond; and (3) time/place of appearance in court.
Duty to Release: Officer executing the warrant is statutorily bound to release the person upon execution of the endorsed bond and forward the bond to court.

Key Landmark Precedents:

Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: The Supreme Court laid down that courts should not issue Non-Bailable Warrants in the first instance; summons should be followed by bailable warrants under Section 71 CrPC (Section 73 BNSS), and NBWs should be used only as a last resort.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: Reaffirmed that personal liberty requires courts to prefer bailable warrants to secure attendance before resorting to incarceration.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a warrant is issued against a client, inspect the warrant face to see if the Section 73 endorsement was made. If the magistrate issued an NBW without exhausting summons or bailable warrants, move for recall citing *Inder Mohan Goswami*.