Section 91 BNSS 2023: Power to Take Bond or Bail Bond for Appearance

Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the officer presiding in a Court to require a person who is present before the Court to execute a bond or bail bond for appearance, where the Court is otherwise empowered to issue a summons or warrant for that person's appearance or arrest.

Text of Section 91 BNSS

Meaning of Section 91 BNSS

Section 91 provides a preventive procedural mechanism to secure future attendance before the Court. Instead of immediately issuing a summons or warrant to compel appearance at a later stage, the presiding officer may require a person who is already present before the Court to execute a bond or bail bond for future appearance.

The provision therefore applies when the Court has legal authority to issue a summons or warrant for the person's appearance or arrest and that person is presently before the Court.

What Is a Bond and Bail Bond under the BNSS?

Section 2 of the BNSS contains the statutory definitions relevant to this provision. A "bond" means a personal bond or an undertaking for release without surety. A "bail bond" means an undertaking for release with surety.

In practical terms, a bond is the person's own undertaking to appear, while a bail bond involves an undertaking supported by surety as required by law or by the Court.

Conditions for Exercise of Power under Section 91

• The person must be present in Court.
• The presiding officer must have power under the BNSS to issue a summons or warrant for that person's appearance or arrest.
• The presiding officer may require execution of a bond or bail bond.
• The bond or bail bond may secure appearance before the same Court.
• It may also secure appearance before another Court to which the case is transferred for trial.

Purpose of Section 91 BNSS

The purpose of Section 91 is to ensure attendance in future proceedings without requiring the Court to wait for a later default or to begin a fresh coercive process. Where the person is already present, the Court can secure an undertaking for future appearance.

Appearance Before a Transferee Court

Section 91 expressly permits the bond or bail bond to cover appearance not only before the Court where it is executed but also before any other Court to which the case may later be transferred for trial. This helps preserve continuity of the obligation to appear after a lawful transfer of proceedings.

Section 91 BNSS and Section 88 CrPC

Section 91 BNSS substantially corresponds to Section 88 of the Code of Criminal Procedure, 1973, which dealt with the power to take a bond for appearance from a person present in Court. For proceedings governed by the BNSS, Section 91 is the present statutory provision.

Related BNSS Provisions

Frequently Asked Questions

Can the Court take a bond even when the person is already present?

Yes. Section 91 specifically applies when the person is present in Court and the presiding officer has power to issue a summons or warrant for that person's appearance or arrest.

Can Section 91 require a bail bond with surety?

Yes. The section authorizes the Court to require either a bond or a bail bond. Under the BNSS definitions, a bail bond is an undertaking for release with surety.

Can the bond require appearance before another Court?

Yes. Section 91 expressly provides that the undertaking may secure appearance before the same Court or another Court to which the case is transferred for trial.

What happens if the bond or bail bond for appearance is breached?

Section 92 BNSS deals with arrest on breach of a bond or bail bond for appearance and should be read with Section 91 where such a breach occurs.

Last reviewed: September 10, 2026.