Section 71 CrPC: Power to direct security to be taken
Code of Criminal Procedure, 1973
Section 71 CrPC at a Glance
Section 71 CrPC deals with power to direct security to be taken. From 1 July 2024 it is replaced by Section 73 BNSS.
What Section 71 CrPC Says
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.
Source: Section 71, Code of Criminal Procedure, 1973
Section 71 CrPC in Simple Words
Section 71 of the Code of Criminal Procedure, 1973 deals with the power to direct security to be taken. 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, 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.
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 he 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.
When Section 71 CrPC Applies
- 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.
Time Limits Under Section 71 CrPC
- 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”
Example of Section 71 CrPC
When Section 71 CrPC Does Not Apply
- Section 71 CrPC speaks of a Court issuing a warrant for the arrest of any person. It does not deal with a Court issuing a summons.
- Section 71 CrPC 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 71 CrPC Under BNSS 73: What Changed
Section 71 CrPC is now covered under Section 73 BNSS.
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.
View detailed comparison (CrPC 71 vs BNSS 73) →FAQs on Section 71 CrPC
Can a Court direct by endorsement on a warrant that security be taken under Section 71 CrPC?▼
Section 71(1) CrPC 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 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 71(2) CrPC?▼
Section 71(2) CrPC 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 71(3) CrPC?▼
Section 71(3) CrPC says that whenever security is taken, the officer to whom the warrant is directed shall forward the bond to the Court.
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. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·