Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
Why this exists
Ordinarily, someone arrested on a warrant is brought before a magistrate, who then decides on bail — meaning the person may spend time in custody even for minor matters. This provision, carried forward from Section 71 of the old Code of Criminal Procedure, lets courts avoid unnecessary detention by pre-approving bail conditions right on the warrant. It reflects the principle that arrest and detention should be no more restrictive than necessary, especially when a court already believes the person is likely to cooperate and appear voluntarily.
How courts read it
Under the corresponding CrPC provision, courts have long treated this as a discretionary, liberty-protecting tool — encouraging magistrates to use it particularly for less serious offences so that arrested persons are not needlessly kept in custody before their first court appearance. Courts have emphasized that the endorsement must be specific and complete (sureties, amount, and time), since a vague or incomplete endorsement can create confusion for the arresting officer about how to proceed.
Common misconceptions
- Myth: Every arrest warrant automatically includes this bail option.
Fact: It's discretionary — the court must specifically choose to endorse the warrant this way; it doesn't happen automatically for every warrant. - Myth: Once released this way, the person is completely free from any further court process.
Fact: The person is still bound to appear in court at the specified time, and continues to be bound 'until otherwise directed' — they remain under the court's authority.