CrPC 88→BNSS 91

CrPC 88 to BNSS 91: Power to take bond for appearance

Section 88 CrPC (1973) replaced by Section 91 BNSS (2023)

View CrPC Section 88 →View BNSS Section 91 →

CrPC 88 to BNSS 91 at a Glance

Section 88 CrPC (Power to take bond for appearance) is now Section 91 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 88 to BNSS 91?

Section 91 BNSS has the same operative words as Section 88 CrPC, except as follows. Its heading adds the words or bail bond, and its text reads a bond or bail bond where Section 88 CrPC read a bond, with or without sureties. The change in the text is a change of form, because Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety and Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety.

CrPC 88 vs BNSS 91: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section8891
HeadingPower to take bond for appearancePower to take bond or bail bond for appearance

CrPC 88 and BNSS 91: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 88, CrPC 1973

88. Power to take bond for appearance.—When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
BNSS 2023 (in force)

Section 91, BNSS 2023

91. Power to take bond or bail bond for appearance.—When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.

When It Applies: CrPC 88 vs BNSS 91

Under CrPC 88
  1. Section 88 CrPC applies to a person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, when that person is present in such Court.
  2. Such officer may require that person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
Under BNSS 91
  1. Section 91 BNSS applies to a person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, when that person is present in such Court.
  2. Such officer may require that person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.

What CrPC 88 to BNSS 91 Means in Practice

From 1 July 2024, the power of the officer presiding in a Court to require a person present in such Court to execute a bond for appearance is in Section 91 BNSS in place of Section 88 CrPC. Section 91 BNSS names a bond or bail bond.

FAQs: CrPC 88 to BNSS 91

Where is Section 88 CrPC found from 1 July 2024?▼

Section 88 CrPC has no sub-sections, and maps as a whole to Section 91 BNSS.

Why does Section 91 BNSS read a bond or bail bond where Section 88 CrPC read a bond, with or without sureties?▼

The change is one of form. Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety.

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: 21 Oct 2026 ·