(BNSS) Section 91: Power To Take Bond Or Bail Bond
The Section 91 of the Bharatiya Nagarik Suraksha Sanhita(BNSS) deals with the power to take bond or bail bond for appearance. Here is a review:
Code:
1. Presence of Person in Court:
– When a person, for whose appearance or arrest a summons or warrant can be issued by the presiding officer of any Court, is present in that Court,
2. Requirement to Execute Bond:
– The officer presiding over the Court may require that person to execute a bond or bail bond.
3. Purpose of the Bond:
– The bond is to ensure the person’s appearance in:
– The same Court where they are present, or
– Any other Court to which the case may be transferred for trial. Jnj
Explanation: Power To Take Bond Or Bail Bond For Appearance
This is applicable when the officer has the authority to issue a summons or warrant for the person’s appearance or arrest. Hence, the presiding officer of a court is empowered by this section to require a person present in the court to execute a bond or bail bond for their appearance in the same court or any other court where the case may be transferred for trial.
Illustration:
- Upon appearing, the judge, based on the nature of the offense and the person’s background, decides to require a bail bond for the accused’s future appearances.
- In another case, a witness is present in court. The judge, considering the witness’s potential importance to the case, may require a bond to ensure their presence in subsequent hearings.
Common Questions and Answers:
Q: Who has the authority to require a bond or bail bond under Section 91?
A: The presiding officer of the court where the person is present.
Q: What are the factors considered before requiring a bond?
A: The nature of the offense, the person’s background, potential flight risk, and importance to the case.
Q: What happens if the person fails to execute the bond?
A: The court may issue a warrant for their arrest.
