Section 88 CrPC: Power to take bond for appearance
Code of Criminal Procedure, 1973
Section 88 CrPC at a Glance
Section 88 CrPC deals with power to take bond for appearance. From 1 July 2024 it is replaced by Section 91 BNSS.
What Section 88 CrPC Says
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.
Source: Section 88, Code of Criminal Procedure, 1973
Section 88 CrPC in Simple Words
Section 88 of the Code of Criminal Procedure, 1973 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, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
When Section 88 CrPC Applies
- 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.
- 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.
Example of Section 88 CrPC
When Section 88 CrPC Does Not Apply
- Section 88 CrPC 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 87 CrPC.
- Section 88 CrPC speaks of a bond for appearance. It does not deal with arrest on breach of a bond for appearance, the subject of Section 89 CrPC.
Section 88 CrPC Under BNSS 91: What Changed
Section 88 CrPC is now covered under Section 91 BNSS.
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 detailed comparison (CrPC 88 vs BNSS 91) →FAQs on Section 88 CrPC
When could the officer presiding in a Court require a bond under Section 88 CrPC?▼
When any person for whose appearance or arrest the officer presiding in any Court was empowered to issue a summons or warrant was present in such Court, such officer could 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 might be transferred for trial.
For which Court did a bond under Section 88 CrPC secure appearance?▼
The bond was for the appearance of the person in such Court, or any other Court to which the case might be transferred for trial.
What did Section 88 CrPC say about sureties?▼
Section 88 CrPC read that the officer presiding in the Court could require the person to execute a bond, with or without sureties.
Where is Section 88 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 88 CrPC has no sub-sections, and maps as a whole to Section 91 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·