Power to take bond or bail bond for appearance
Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 tr The Act came into force on 01 Jul 2024.
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.
Section 91, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 88 Power to take bond for appearance Text carried over almost unchanged 92%
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 The repealed enactment still governs what happened while it was in force.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.
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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Satender Kumar Antil vs Central Bureau of Investigation
Decided under Code of Criminal Procedure 88, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Power to take bond for appearance; discretionary power of court
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Pankaj Jain vs Union Of India
Decided under Code of Criminal Procedure 88, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The word 'may' in Section 88 Cr.P.C. confers discretionary power on the court and does not create a mandatory obligation or a corresponding right in any person appearing before the court. The discretion is for the court to exercise judicially based on the nature of the case, seriousness of charges, and status of the person (whether a free agent or already under warrant/arrest). Section 88 applies only to persons who are free agents - meaning they have not been arrested, are not under custody, and a non-bailable warrant has not been issued against them. When a non-bailable warrant has been issued and proceedings under Sections 82 and 83 Cr.P.C. have been initiated against an accused, that person ceases to be a free agent and cannot claim protection under Section 88. The discretion under Section 88 is not coupled with any duty toward the appearing person; rather, it is coupled with the duty to ensure appearance of the person in court. Therefore, an accused person's non-arrest during investigation does not automatically entitle them to release on bond merely by appearing in court; they must follow the prescribed bail procedures applicable to their specific category of offence.
On this section: Core issue - interpreted 'may' as conferring discretion to court, not mandatory obligation. Court holds that when person is present in court, officer may (not must) require bond execution. No right vests in person, only court discretion for ensuring appearance.
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 91
What have the courts held on Section 91 of the Bharatiya Nagarik Suraksha Sanhita?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 88, which this section replaced -- the court never mentioned this Act: Power to take bond for appearance; discretionary power of court. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2018 to 2022.
How do I find court cases under Section 91 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 91, section 91 BNSS, section 91 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 91 notice and bns 91 and 92. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022).
What should I read with Section 91 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 88 (Power to take bond for appearance), so the judgments decided under that provision are the case law on this one.
When did Section 91 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 91 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 91, 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 15 Oct 2026. This page is not a substitute for legal advice.