Introduction to Section 91 of BNSS / Court’s Power to Take Bond Explained Simply
Section 91 BNSS : Sometimes, a person accused of a crime comes to court without being called. In such cases, the court can ask them to sign a legal promise (called a bond or bail bond) to make sure they come back for the next hearing. This is what BNSS Section 91 is all about. It helps avoid unnecessary arrest and keeps the legal process simple.
What is BNSS Section 91 ?
BNSS Section 91 allows the court to ask a person, who is already present before it and whose arrest or appearance could have been ordered, to give a bond or bail bond for showing up in the current or future courts. It avoids issuing a warrant or summons again when the person is already cooperating.
BNSS Section of 91 in Simple Points
1. Bond for Court Appearance
If a person is already present in court and the judge has the power to issue a summons or warrant for them, the judge can ask them to sign a bond or bail bond. This bond is a legal promise that the person will come back to court whenever needed. It helps avoid arrest if the person agrees to appear on time. This keeps the legal process smooth and fair.
2. Saves Time and Legal Steps
Since the person is already in front of the court, there is no need to issue a new warrant or summon them again. The court can immediately take a bond from them. This saves time for the court and reduces the pressure on police to find and bring the person again. It makes the system quicker and more efficient.
3. Applies to Future Court Appearances
The bond is not only for one day. It covers all future court hearings for that case. If the case is moved to another court, the person must appear there too. This ensures that the person stays part of the case till the end. The bond helps the court track the person and maintain control over the process.
4. Gives Court Flexibility
The court officer (like a judge or magistrate) can decide whether to ask for a bond or not. It depends on the situation and the person involved. If the person is cooperative, the court may release them without a bond. If there is doubt about their return, the bond can be taken. This flexibility helps the court handle cases more wisely.
5. Avoids Unnecessary Arrests
This section is useful because it avoids putting people in jail when it is not needed. If the person is ready to follow the law and appear in court, they don’t have to be arrested. It saves the person from trouble and saves the court system time and resources. It also respects the person’s right to freedom during a trial.
Section 91 of BNSS Overview
BNSS Section 91 gives the court the power to ask a person to sign a bond or bail bond if that person is already present in court and the court has the right to issue a summons or warrant against them. This bond ensures that the person will appear again in court when called. The court may also ask for this bond if the case is later moved to another court. This section helps in making sure that people do not run away from legal proceedings.
10 Detailed Key Points of BNSS Section 91
1. Purpose of Taking Bond or Bail Bond
The main aim of this section is to ensure that a person appears in court when required. If the court feels that someone might not come back for the next hearing, it can ask them to give a bond or bail bond. This bond is like a promise that they will return. It also helps the court avoid delays caused by missing persons. It acts as a legal security. This ensures smooth continuation of the trial process.
2. Applies to People Already Present in Court
This section only applies when the person is already standing in front of the court. There is no need to send the police or issue fresh warrants. If the person is already there, the court can take direct action. This saves time and avoids extra legal steps. It also prevents unnecessary arrest if the person is willing to cooperate. It is helpful for both the court and the person.
3. Covers Summon or Warrant Situations
Whether the court could have sent a summons or a warrant to call that person doesn’t matter if the person is already present. The important part is that the court had the power to issue either. This means the court already believes the person is needed in the case. Once the person is in court, this section allows legal control through a bond instead. It avoids forceful actions like arrest.
4. Covers Future Court Appearances
The bond taken under this section is not just for today. It also covers appearances in future hearings. The person must come whenever the court needs them. If the case moves to another court, the person must go there too. This ensures continued participation in the legal process. It builds responsibility and trust between the person and the legal system. The court ensures no one escapes trial.
5. Useful in Case Transfers
Sometimes, a case may be shifted from one court to another. BNSS Section 91 allows the bond to apply even to the new court. The person must appear in whichever court is handling the case. This prevents the need to take a new bond again. It keeps the process simple and continuous. This is especially useful in large or complex cases that change courts during the trial.
6. Applicable for All Kinds of Cases
This section can apply to criminal cases or cases where the court needs someone to appear for any legal reason. Whether it’s a minor or serious matter, the court can use this power. The idea is to secure the presence of the person for justice. It makes sure that even if someone is not arrested, they are still legally tied to appear again. It promotes fairness and responsibility.
7. Discretion Lies With the Court Officer
The officer presiding over the court — like a judge or magistrate — decides whether to take the bond or not. It is not automatic or forced. The officer uses their judgment based on the situation. If the person seems trustworthy, the court may let them go without a bond. If not, a bond may be required. This gives the court flexibility to treat each case fairly.
8. Helps Avoid Unnecessary Arrests
Instead of arresting someone, the court can simply ask for a bond. This avoids sending people to jail before trial when they are not dangerous. It saves public resources, police time, and avoids crowding in jails. It also respects the rights of people who are willing to cooperate with the legal process. This promotes a more humane justice system.
9. Supports the Idea of Bail and Fair Trial
BNSS Section 91 supports the legal right to bail, which means a person should not be jailed without good reason. It shows that the system trusts people to show up if they promise to. This reflects the core principle of fair trial in India. Everyone is treated as innocent until proven guilty. Taking a bond keeps this balance of justice and public interest
10. Prevents Delay in Legal Proceedings
When a person gives a bond and is legally bound to appear, it saves the court from delays. There is no need to issue new summons or search for the person again. If they do not come, the bond can be forfeited, and action can be taken. This keeps the legal process fast and smooth. It ensures that trials do not stop due to the absence of an important person.
Examples of BNSS Section 91
Example 1:
Ramesh is accused in a theft case. He voluntarily comes to court even before any summons is sent. The judge asks him to sign a bond promising to appear in future hearings. No arrest or warrant is needed.
Example 2:
Meena was supposed to be called to court through a summons, but she shows up on her own. The court doesn’t issue the summons and instead takes a bail bond from her to ensure she’ll return for her trial.
Section 91 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Court Can Take Bond | If the person is present, the court can directly ask for a bond or bail bond. |
| 2. No Need for Warrant/Summon Again | Saves time by avoiding repeat summons or warrants. |
| 3. Applies to Present Persons Only | This rule applies only when the person is physically in court. |
| 4. Covers Future Hearings | Bond ensures the person attends all future hearings, even in another court. |
| 5. Avoids Unnecessary Arrest | It prevents arrest if the person is cooperative and agrees to appear in court. |
BNSS Section 91 FAQs
BNSS 91
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