Arrest on breach of bond for appearance
Section 89 of the Code of Criminal Procedure, 1973 deals with 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 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.
90.
Provisions of this Chapter generally applicable to summonses andwarrants
Section 89, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 92 Arrest on breach of bond or bail bond for appearance Close, with changes 77%
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 The repealed enactment still governs what happened while it was in force.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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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application seeking exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying the summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor such 'non-appearance' is a breach of condition of the bond either of a person who is on bail or of a surety that such a person shall attend at the time and place mentioned in the bond. Therefore, no court shall forfeit personal bond or surety bond or issue warrant of arrest merely because an exemption application is rejected.
On this section: Warrant for arrest on breach of bond for appearance can be issued only when person bound by bond does not appear; rejection of exemption application does not constitute non-appearance
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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor can such 'non-appearance' be a breach of condition of the bond either of a person on bail or of a surety. Therefore, no court shall forfeit personal bond or surety bond or issue non-bailable warrants merely because an exemption application is rejected. The only permissible course is to direct the accused to appear or issue summons.
On this section: Arrest on breach of bond for appearance. Warrant can be issued only when person bound by bond does not appear. Rejection of exemption application does not constitute 'non-appearance' as contemplated by this section.
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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance in criminal proceedings, by no stretch of imagination, can come within the ambit of either absconding, not obeying summons, or non-appearance despite proof of due service of summons as contemplated by Sections 87 and 89 CrPC. Therefore, rejection of such an application cannot be grounds for issuing warrants of arrest, forfeiting personal bonds, forfeiting surety bonds, or issuing notice to sureties. The only proper course when exemption is rejected is to direct the accused to appear on the next date or to issue summons for appearance under Section 205 CrPC. Before forfeiting any bond under Section 446 CrPC, the court must satisfy itself about proof of breach of bond conditions and must record reasons of such proof in writing.
On this section: Arrest on breach of bond for appearance; rejection of exemption application does not constitute non-appearance as contemplated by this section
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 89
What have the courts held on Section 89 of the Code of Criminal Procedure?
Pratap Singh Gaekwad vs State of Nct of Delhi (30 Oct 2003) is the leading judgment on this section among those set out below: Warrant for arrest on breach of bond for appearance can be issued only when person bound by bond does not appear; rejection of exemption application does not constitute non-appearance. Another 2 judgments on this section are set out below.
How do I find court cases under Section 89 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 89, section 89 CRPC, section 89 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. 3 reported judgments on this section are set out on this page, beginning with Pratap Singh Gaekwad vs State of Nct of Delhi (30 Oct 2003).
What should I read with Section 89 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 92 (Arrest on breach of 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 89 of the Code of Criminal Procedure come into force?
Section 89 of the Code of Criminal Procedure, cited as CRPC 89, 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.