Section 91 BNSS: Power to take bond or bail bond for appearance (Formerly Section 88 CrPC)

Section 91 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to take bond or bail bond for appearance

Official Bare Act Text

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

When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.

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

Charge Sec 2(1)(b) Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 91

Section 91 empowers any presiding officer of a criminal court to require any person present in court to execute a bond, with or without sureties, for their appearance in such court or any other court to which the case may be transferred.

Physical Presence in Court: The person for whose appearance a summons or warrant may issue is physically present in court.
Bond for Appearance: Officer requires the person to execute a personal bond, with or without sureties, to secure continued attendance.
Distinguished from Bail Bond: Operates to secure presence of an accused who appears voluntarily or pursuant to summons without formal arrest.

Key Landmark Precedents:

Pankaj Jain v. Union of India (2018) 5 SCC 343: The Supreme Court held that Section 88 CrPC (Section 91 BNSS) is a discretionary power enabling the court to accept a bond for appearance, but does not confer an automatic right to demand bail when the offence is non-bailable.
Satender Kumar Antil v. CBI (2022) 10 SCC 51: Reiterated that when an accused appears pursuant to summons without being arrested during investigation, the court should ordinarily accept a bond under this section rather than remanding them to custody.

Courtroom Practice & Strategic Litigation Guidance:

When an accused appears in response to court summons, immediately move an application under Section 91 BNSS requesting the magistrate to accept a personal appearance bond, citing *Satender Kumar Antil* (Category A offences) to avoid custody.