Section 89 CrPC: Arrest on breach of bond for appearance

Code of Criminal Procedure, 1973

Section 89 CrPC at a Glance

Section 89 CrPC deals with arrest on breach of bond for appearance. From 1 July 2024 it is replaced by Section 92 BNSS.

Now BNSS

Section 92 →

What Section 89 CrPC Says

89. Arrest on breach of bond for appearance

When any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

Source: Section 89, Code of Criminal Procedure, 1973

Section 89 CrPC in Simple Words

Section 89 of the Code of Criminal Procedure, 1973 applies when any person who is bound by any bond taken under the Code to appear before a Court does not appear. The officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

When Section 89 CrPC Applies

  • Section 89 CrPC applies to any person who is bound by any bond taken under the Code to appear before a Court.
  • When that person does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

Example of Section 89 CrPC

Ramesh is bound by a bond taken under the Code of Criminal Procedure, 1973 to appear before a Court. Meera is the officer presiding in such Court. Ramesh does not appear. Meera may issue a warrant directing that Ramesh be arrested and produced before Meera.

When Section 89 CrPC Does Not Apply

  • Section 89 CrPC speaks of a person bound by a bond who does not appear. It does not deal with the taking of a bond from a person present in Court, the subject of Section 88 CrPC.
  • Section 89 CrPC speaks of a warrant directing that a person bound by a bond be arrested and produced. 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 89 CrPC Under BNSS 92: What Changed

Section 89 CrPC is now covered under Section 92 BNSS.

Section 92 BNSS has the same operative words as Section 89 CrPC, except as follows. Its heading and text add the words or bail bond, which 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. The word Sanhita is used where Section 89 CrPC used the word Code.

View detailed comparison (CrPC 89 vs BNSS 92) →

FAQs on Section 89 CrPC

When could the officer presiding in a Court issue a warrant under Section 89 CrPC?▼

When any person who was bound by any bond taken under the Code to appear before a Court did not appear, the officer presiding in such Court could issue a warrant directing that such person be arrested and produced before him.

Which bonds did Section 89 CrPC cover?▼

Section 89 CrPC covered any bond taken under the Code by which a person was bound to appear before a Court.

What did the warrant under Section 89 CrPC direct?▼

The warrant directed that such person be arrested and produced before the officer presiding in such Court.

Where is Section 89 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 89 CrPC has no sub-sections, and maps as a whole to Section 92 BNSS.

Have questions about Section 89 CrPC?

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

Ask NyayGuru →

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·