Power to take bond for appearance
Section 88 of the Code of Criminal Procedure, 1973 deals with 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 88, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 91 Power to take bond or bail 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 The repealed enactment still governs what happened while it was in force.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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Pankaj Jain vs Union Of India
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.
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Satender Kumar Antil vs Central Bureau of Investigation
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The main issue which needs to be answered in the present appeal is as to whether it was obligatory for the Court to release the appellant by accepting the bond under Section 88 CrPC on the ground that he was not arrested during investigation or the Court has rightly exercised its jurisdiction under Section 88 in rejecting the application filed by the appellant praying for release by accepting the bond under Section 88 CrPC. 13. Section 88 CrPC is a provision which is contained in Chapter VI "Processes to Compel Appearance" of the Code of Criminal Procedure, 1973. Chapter VI is divided in four sections — A. Summons; B. …
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… The main issue which needs to be answered in the present appeal is as to whether it was obligatory for the Court to release the appellant by accepting the bond under Section 88 CrPC on the ground that he was not arrested during investigation or the Court has rightly exercised its jurisdiction under Section 88 in rejecting the application filed by the appellant praying for release by accepting the bond under Section 88 CrPC. 13. Section 88 CrPC is a provision which is contained in Chapter VI "Processes to Compel Appearance" of the Code of Criminal Procedure, 1973. Chapter VI is divided in four sections — A. Summons; B. …
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… Leave granted. 2. This appeal has been filed against the judgment and order of Allahabad High Court dated 21.12.2017 dismissing the Writ Petition No. 62167 of 2017 filed by the appellant. The principal issue, which has arisen for interpretation of this Court, is the content and meaning of Section 88 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."). Before we come to the impugned judgment of the High Court, it is necessary to note a series of litigations initiated at the instance of the appellant in different courts, arising out of criminal proceeding …
Questions about Section 88
What have the courts held on Section 88 of the Code of Criminal Procedure?
Pankaj Jain vs Union Of India (23 Feb 2018) is the leading judgment on this section among those set out below: 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. 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 88 of the Code of Criminal Procedure?
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: CRPC 88, section 88 CRPC, section 88 of the Code of Criminal Procedure. 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 Pankaj Jain vs Union Of India (23 Feb 2018).
What should I read with Section 88 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 91 (Power to take bond or bail bond for appearance), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 88 of the Code of Criminal Procedure come into force?
Section 88 of the Code of Criminal Procedure, cited as CRPC 88, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.