Section 73 BNSS 2023: Power to Direct Security to Be Taken

Section 73 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a Court issuing an arrest warrant to endorse the warrant so that the arrested person may be released after executing a bail bond with sufficient sureties for appearance before the Court.

In brief: Section 73 allows the issuing Court, in its discretion, to authorise the officer executing the warrant to take the security specified in the warrant and release the person from custody. The endorsement must specify the sureties, the amounts for which the parties are bound and the time for appearance before the Court.

Text of Section 73 of the BNSS

73. Power to direct security to be taken.

(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;

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

What Section 73 BNSS Means

Section 73 creates a mechanism under which a Court can make an arrest warrant capable of being satisfied by furnishing the security specified by the Court. The power belongs to the Court issuing the warrant and is exercised through an endorsement made on the warrant itself.

If the person named in the warrant executes the required bail bond with sufficient sureties, the officer executing the warrant must take the security in accordance with the endorsement and release the person from custody. The person's obligation is to attend the Court at the time specified and thereafter as directed by the Court.

Essential Requirements Under Section 73

A warrant of arrest must have been issued by a Court. Section 73 operates in connection with a warrant issued by a Court.
The Court must make an endorsement on the warrant. The authority to take security and release the person arises from the Court's endorsement.
A bail bond must be executed. The person must execute the bond required by the endorsement.
Sufficient sureties may be required. The endorsement specifies the number of sureties and the amount for which they are bound.
The attendance requirement must be stated. The warrant endorsement must specify when the person has to appear before the Court.
The executing officer must forward the bond. Once security is taken, the officer must send the bond to the issuing Court.

What Is a Bail Bond Under Section 73?

For the purpose of Section 73, a bail bond is the undertaking required from the person named in the warrant for securing attendance before the Court. Where the Court requires sureties, the sureties undertake the obligations and amounts specified in the endorsement.

The expression should be read with the other applicable BNSS provisions governing bail, bonds and sureties. Section 73 itself is focused on the endorsement attached to an arrest warrant and the authority of the executing officer to accept the prescribed security.

Particulars That the Warrant Endorsement Must State

Requirement	What must be specified
Sureties	The number of sureties required.
Amount	The respective amount in which the sureties and the person named in the warrant are to be bound.
Attendance	The time at which the person must attend before the Court.

Duty of the Officer Executing the Warrant

The officer's authority under Section 73 is governed by the terms of the Court's endorsement. When the required security is furnished, the officer must take that security and release the person from custody in accordance with the warrant. Under sub-section (3), the officer must then forward the bond to the Court.

Relationship With Other Warrant Provisions

Section 73 forms part of the BNSS provisions dealing with warrants of arrest. It follows Section 72, concerning the form and duration of a warrant of arrest, and is followed by Section 74, concerning the persons to whom warrants may be directed.

The subsequent provisions address matters including warrants directed to persons or police officers, notification of the substance of a warrant, production before Court without delay, territorial execution and execution outside jurisdiction.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 73 BNSS corresponds in substance to Section 71 of the Code of Criminal Procedure, 1973, which dealt with the power of a Court issuing a warrant to direct that security be taken. The BNSS replaced the CrPC framework for proceedings to which the new law applies from its commencement.

Commencement: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the exception stated in the Central Government's commencement notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Official Legal Resources

For the authoritative statutory text and official updates, readers may consult the Ministry of Home Affairs - New Criminal Laws and India Code.

This page is intended for general legal information. The exact effect of a warrant, bail bond, surety requirement or release direction depends on the judicial order, the terms of the warrant and the applicable provisions of law.