Section 91 BNSS: Power to take bond or bail bond for appearance

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 91 BNSS at a Glance

Section 91 BNSS deals with power to take bond or bail bond for appearance. It replaced Section 88 CrPC on 1 July 2024.

Section 91 BNSS Bare Act Text

91. Power to take bond for appearance

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.

Source: Section 91, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 91 BNSS in Simple Words

Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a 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 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.

When Section 91 BNSS Applies

  • 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.
  • 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.

Example of Section 91 BNSS

Kavita is the officer presiding in a Court and is empowered to issue a summons for the appearance of Anil. Anil is present in that Court. Kavita may require Anil to execute a bond or bail bond for Anil's appearance in that Court, or any other Court to which the case may be transferred for trial.

When Section 91 BNSS Does Not Apply

  • Section 91 BNSS speaks of a person who is present in such Court. It does not deal with the issue of a warrant in lieu of, or in addition to, summons, the subject of Section 90 BNSS.
  • Section 91 BNSS speaks of a bond or bail bond for appearance. It does not deal with arrest on breach of a bond or bail bond for appearance, the subject of Section 92 BNSS.

Section 91 BNSS in the CrPC (Previous Law)

Section 91 BNSS replaces Section 88 CrPC from the old criminal code.

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.

View CrPC Section 88 โ†’

FAQs on Section 91 BNSS

When may the officer presiding in a Court require a bond or bail bond under Section 91 BNSS?โ–ผ

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 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.

For which Court does a bond or bail bond under Section 91 BNSS secure appearance?โ–ผ

The bond or bail bond is for the appearance of the person in such Court, or any other Court to which the case may be transferred for trial.

What does Section 91 BNSS say about sureties?โ–ผ

Section 91 BNSS reads that the officer presiding in the Court may require the person to execute a bond or bail bond. Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety.

What changed from Section 88 CrPC to Section 91 BNSS from 1 July 2024?โ–ผ

Section 91 BNSS has the same text as Section 88 CrPC, except as follows. The heading of Section 91 BNSS reads Power to take bond or bail bond for appearance where the heading of Section 88 CrPC read Power to take bond for appearance. Section 91 BNSS reads a bond or bail bond where Section 88 CrPC read a bond, with or without sureties. This 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.

Have questions about Section 91 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 21 Oct 2026 ยท