Section 73 BNSS: Power to direct security to be taken
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 73 BNSS at a Glance
Section 73 BNSS deals with power to direct security to be taken. It replaced Section 71 CrPC on 1 July 2024.
Section 73 BNSS Bare Act Text
(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.
Source: Section 73, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 73 BNSS in Simple Words
Section 73 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to direct security to be taken. 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, 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.
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 he 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.
When Section 73 BNSS Applies
- 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 Under Section 73 BNSS
- 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”
Example of Section 73 BNSS
When Section 73 BNSS Does Not Apply
- Section 73 BNSS speaks of a Court issuing a warrant for the arrest of any person. It does not deal with a Court issuing a summons.
- Section 73 BNSS speaks of an endorsement on a warrant for the arrest of any person. It does not deal with the form of a warrant of arrest.
Section 73 BNSS in the CrPC (Previous Law)
Section 73 BNSS replaced Section 71 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 73 BNSS
Can a Court direct by endorsement on a warrant that security be taken under Section 73 BNSS?▼
Section 73(1) BNSS says that 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.
What shall the endorsement state under Section 73(2) BNSS?▼
Section 73(2) BNSS says that 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 he is to attend before the Court.
What shall the officer do with the bond under Section 73(3) BNSS?▼
Section 73(3) BNSS says that whenever security is taken, the officer to whom the warrant is directed shall forward the bond to the Court.
What changed from Section 71 CrPC to Section 73 BNSS from 1 July 2024?▼
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.
Section 73 BNSS: Sub-sections Explained
Section 73(1) BNSS: Power to direct security to be taken
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Bare Act Text
(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.
Section 73(2) BNSS: Power to direct security to be taken
▶
Bare Act Text
(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.
Section 73(3) BNSS: Power to direct security to be taken
▶
Bare Act Text
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·