CrPC 71 to BNSS 73: Power to direct security to be taken
Section 71 CrPC (1973) replaced by Section 73 BNSS (2023)
CrPC 71 to BNSS 73 at a Glance
Section 71 CrPC (Power to direct security to be taken) is now Section 73 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 71 to BNSS 73?
Section 73 BNSS has the same heading as Section 71 CrPC. Section 73(1) BNSS reads bail bond with sufficient sureties where Section 71(1) CrPC read bond with sufficient sureties. This is a change of form: Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(e) BNSS defines bond as an undertaking for release without surety. Section 73(2) BNSS and Section 73(3) BNSS have the same text as Section 71(2) CrPC and Section 71(3) CrPC.
CrPC 71 vs BNSS 73: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 71 | 73 |
| Heading | Power to direct security to be taken | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 71 and BNSS 73: Bare Act Text Side by Side
Section 71, CrPC 1973
Section 73, BNSS 2023
When It Applies: CrPC 71 vs BNSS 73
- Under Section 71(1) CrPC, any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that the officer to whom the warrant is directed shall take security and shall release the person from custody.
- The direction applies if the person executes a bond with sufficient sureties for attendance before the Court at a specified time and thereafter until otherwise directed by the Court.
- Under Section 71(2) CrPC, the endorsement shall state the number of sureties, the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound, and the time at which that person is to attend before the Court.
- Under Section 71(3) CrPC, whenever security is taken, the officer to whom the warrant is directed shall forward the bond to the Court.
- Under Section 73(1) BNSS, any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that the officer to whom the warrant is directed shall take security and shall release the person from custody.
- The direction applies if the person executes a bail bond with sufficient sureties for attendance before the Court at a specified time and thereafter until otherwise directed by the Court.
- Under Section 73(2) BNSS, the endorsement shall state the number of sureties, the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound, and the time at which that person is to attend before the Court.
- Under Section 73(3) BNSS, whenever security is taken, the officer to whom the warrant is directed shall forward the bond to the Court.
Time Limits: CrPC 71 to BNSS 73
- Under Section 71(1) CrPC, the bond is for attendance before the Court at a specified time and thereafter until otherwise directed by the Court.Act text: “at a specified time and thereafter until otherwise directed by the Court”
- Under Section 73(1) BNSS, the bail bond is for attendance before the Court at a specified time and thereafter until otherwise directed by the Court.Act text: “at a specified time and thereafter until otherwise directed by the Court”
What CrPC 71 to BNSS 73 Means in Practice
FAQs: CrPC 71 to BNSS 73
Where is Section 71 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 71(1) CrPC is found in Section 73(1) BNSS, Section 71(2) CrPC in Section 73(2) BNSS and Section 71(3) CrPC in Section 73(3) BNSS.
Why does Section 73(1) BNSS read bail bond where Section 71(1) CrPC read bond?▼
Section 73(1) BNSS reads bail bond with sufficient sureties where Section 71(1) CrPC read bond with sufficient sureties. This is a change of form: Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(e) BNSS defines bond as an undertaking for release without surety.
Is the text of Section 73(2) BNSS and Section 73(3) BNSS the same as Section 71(2) CrPC and Section 71(3) CrPC?▼
Section 73(2) BNSS has the same text as Section 71(2) CrPC, and Section 73(3) BNSS has the same text as Section 71(3) CrPC.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·