CrPC 71→BNSS 73

CrPC 71 to BNSS 73: Power to direct security to be taken

Section 71 CrPC (1973) replaced by Section 73 BNSS (2023)

View CrPC Section 71 →View BNSS Section 73 →

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

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section7173
HeadingPower to direct security to be takenSame
Sub-sections3 sub-sectionsSame

CrPC 71 and BNSS 73: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 71, CrPC 1973

71. Power to direct security to be taken.—(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 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.
BNSS 2023 (in force)

Section 73, BNSS 2023

73. Power to direct security to be taken.—(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.

When It Applies: CrPC 71 vs BNSS 73

Under CrPC 71
  1. 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.
  2. 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.
  3. 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.
  4. 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 BNSS 73
  1. 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.
  2. 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.
  3. 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.
  4. 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 CrPC 71
  • 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 BNSS 73
  • 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

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. Section 73(1) BNSS reads bail bond where Section 71(1) CrPC read bond.

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 ·