BNSS Section 73 – Power To Direct Security To Be Taken.
Code:
(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.
Explanation:
This section of the BNSS Code deals with the power of a Court to release an arrested person on bail by endorsing the warrant of arrest. It allows the Court to release the person on bail if they provide sufficient sureties (guarantors) to ensure their attendance in court at a specified time.
The section outlines the following key provisions:
* Court’s Discretion: The Court has the discretion to decide whether to release an accused person on bail, taking into account factors like the nature of the offense and the risk of the person absconding.
* Bail Bond: The person to be released must execute a bail bond with sufficient sureties. This means they must provide a financial guarantee that they will appear in court.
* Endorsement on Warrant: The Court’s decision to grant bail must be endorsed on the warrant of arrest. This endorsement must specify the conditions of the bail, including the number of sureties, the amount of the bond, and the date and time of appearance in court.
* Officer’s Duty: The officer who executes the warrant is responsible for taking the bail bond from the accused person. He is also responsible for their sureties and releasing them from custody.
* Forwarding the Bond: The officer must forward the bail bond to the Court for record-keeping purposes.
Illustration: Power To Direct Security To Be Taken
Imagine a person is arrested for theft and a warrant is issued for their arrest. The Court, after considering the case, decides to grant bail. The Court endorses the warrant with instructions to release the accused person on bail if they provide two sureties who will each stand bond for ₹50,000 and the accused person themselves stands bond for ₹20,000. They are to appear in court on a specific date. The police officer then takes the bail bond and releases the accused person from custody.
Common Questions and Answers: Power To Direct Security To Be Taken
Q: Who can apply for bail under this section?
A: A person who has been arrested under a warrant can apply for bail under Section 73 of the BNSS Code.
Q: What is the role of sureties in the bail process?
A: Sureties are individuals who guarantee the accused person’s appearance in court. They are financially responsible for ensuring the accused person’s attendance. If the accused person fails to appear, the sureties may be liable for the bond amount.
Q: Can the Court refuse bail?
A: Yes, the Court has the discretion to refuse bail. This is only if it believes there is a risk of the accused person absconding. It may also be regarding interference with the investigation.
Q: What happens if the accused person fails to appear in court?
A: The accused person may fail to appear in court as per the bail conditions. For this, the Court can issue a warrant for their arrest and may also take action against the sureties.
