Power to direct security to be taken
Section 73 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to direct security to be taken. 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 off The Act came into force on 01 Jul 2024.
(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
Section 73, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 71 Power to direct security to be taken Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shayar Kumar vs State of Rajasthan through P.p.
Decided under Code of Criminal Procedure 71, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A non-bailable warrant issued for non-appearance can be converted into a bailable warrant under Section 482 CrPC when the accused is not a habitual offender, the offences are relatively minor, the non-appearance was due to legitimate livelihood concerns rather than criminal intent, and the accused demonstrates willingness to comply with court orders. The conversion should be subject to strict conditions including fine payment, personal bond, and surety requirements to ensure the accused's appearance in court.
On this section: Related to warrant procedures and conditions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 73
What have the courts held on Section 73 of the Bharatiya Nagarik Suraksha Sanhita?
Shayar Kumar vs State of Rajasthan through P.p. (26 Mar 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 71, which this section replaced -- the court never mentioned this Act: Related to warrant procedures and conditions.
How do I find court cases under Section 73 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 73, section 73 BNSS, section 73 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 73 2 and bns 73 74 75. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shayar Kumar vs State of Rajasthan through P.p. (26 Mar 2014).
What should I read with Section 73 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
4 other provisions in this corpus refer back to it. It carries forward CrPC 71 (Power to direct security to be taken), so the judgments decided under that provision are the case law on this one.
When did Section 73 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 73 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 73, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.