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Section 89 CrPC: Arrest for Breach of Appearance Bond – Code of Criminal Procedure

Apni Law

1. State the code

Section 89 of the Code of Criminal Procedure (CrPC) deals with the arrest of a person who has breached an appearance bond.

2. Explain it

This section outlines the procedure for arresting someone who fails to appear in court as per the terms of an appearance bond. An appearance bond is a written agreement where a person promises to appear in court on a specified date and time. If a person fails to appear, they have breached the bond.

Conditions for Arrest: Section 89 states that a person can be arrested for breaching an appearance bond only if:
- The bond was executed under Section 87 or Section 88 of the CrPC.
- The person has failed to appear in court as per the bond conditions.
- The court has issued a warrant for their arrest.
Procedure for Arrest: The court can issue a warrant for the arrest of the person who has breached the bond. The warrant can be executed by a police officer or any person authorized by the court. The arrested person will be brought before the court and can be released on bail or remanded to custody.

3. Illustrate it

Let’s say ‘X’ is accused of a crime and granted bail on the condition that they appear in court on a specific date. ‘X’ signs an appearance bond acknowledging these conditions. If ‘X’ fails to appear in court on the given date, the court can issue a warrant for their arrest under Section 89 CrPC. Police can then apprehend ‘X’ and present them before the court.

Also Read Section 473 CrPC: Extension of Limitation Period in Criminal Cases

4. Common Questions and Answers

Q: What happens if the accused has a genuine reason for not appearing in court?

A: The accused can provide evidence to the court explaining their absence. The court may consider their explanation and decide whether to issue a warrant for their arrest.

Q: Can a person be arrested under Section 89 even if the bond was not executed under Section 87 or 88?

A: No. Section 89 applies only to appearance bonds executed under Section 87 or Section 88 of the CrPC.

Q: What are the consequences of being arrested under Section 89?

A: The consequences can vary depending on the specific circumstances. The accused may be released on bail or remanded to custody. They may also face further legal action for breaching the bond.