Introduction to Section 73 of BNSS
BNSS Section 73 deals with the power of the Court to direct security for the release of a person who has been arrested. Under this section, when a warrant of arrest is issued, the Court has the discretion to allow the arrested person to post bail with sufficient sureties, thus permitting their release from custody until their next court appearance.
What is BNSS Section 73 ?
BNSS Section 73 gives power to the court to allow a person—against whom a warrant is issued—to get temporary freedom if they give security (bail bond) with sureties. This means the court can mention in the arrest warrant itself that if the person agrees to attend court and gives bail with sureties, the arresting officer can take the bond and release the person without taking them to jail.
BNSS Section of 73 in Simple Points
1. Court Can Allow Bail in the Warrant Itself
This section gives the court the power to add a bail condition directly on the arrest warrant. It means that the judge can write on the warrant that if the person provides a bail bond with sureties, the police can take the bond and let them go. This helps avoid unnecessary jail time and supports faster legal processing.
2. Details Must Be Clearly Mentioned
The court must clearly write in the warrant how many sureties are needed, the amount of money each surety will guarantee, and the bail amount for the person. This ensures there is no confusion or delay when the police execute the warrant. Proper information helps maintain transparency and fairness.
3. Time of Court Appearance Should Be Mentioned
The warrant must also mention when the arrested person should appear in court. This is important because the bail is given with the condition that the person will attend court on that date. Skipping this step could lead to misuse of bail and delay in justice.
4. Police Officer Must Take Bail Bond and Release
Once the person offers the required security, the police officer who has the warrant must accept the bond and release the person. This avoids unnecessary detention and promotes a more efficient legal system where trust is built between the accused and the legal process.
5. Bond Must Be Sent to the Court Immediately
After taking the bail bond, the police officer must send it to the court that issued the warrant. This ensures that the court has a record of the bond and the terms under which the person was released. It also helps the court track if the person follows the conditions or not.
Section 73 of BNSS Overview
BNSS Section 73 says that a court can allow an arrested person to be released on bail directly by the arresting officer if proper security is given. The warrant must mention the number of sureties, the bail amount, and the date of court appearance.
BNSS Section 73 Explained – 10 Key Points
1. Power of the Court to Allow Bail in Warrant
BNSS Section 73 gives the court the power to include a special note (called an “endorsement”) on an arrest warrant. This note allows the arresting police officer to release the person after arrest if the person agrees to give a bail bond with sureties. This means the person does not need to be taken to jail or directly to court if they are eligible and cooperative. The court uses this power to reduce unnecessary arrests and jail time, especially in minor or non-violent cases.
2. Bail Option is Discretionary (Optional)
The court has the option, not the obligation, to add the bail condition in the warrant. This means it is up to the judge’s judgment and the case’s seriousness. In sensitive cases or where the person might run away, the court may choose not to allow bail through the warrant. So, this power is used carefully by the court after evaluating the facts of the case.
3. Clear Mention of Sureties
The court must clearly write in the warrant how many sureties (guarantors) are required to support the bail. Sureties are responsible people who give assurance to the court that the arrested person will follow the law and attend court hearings. This helps in preventing misuse of the bail option, and ensures that the released person is under moral and legal pressure to act responsibly.
4. Amount of Bail Must Be Specified
The exact amount that the arrested person and each surety must promise to pay is also written in the warrant. This amount acts as a financial guarantee. If the person breaks the bail condition or fails to appear in court, this money can be taken (forfeited) by the court. This creates a strong reason for the person to obey the conditions of the bail.
5. Mention of Date and Time to Appear
The court must clearly write in the warrant when and where the arrested person has to appear after getting bail. This condition is very important. If the person does not appear on the given date, the court can issue a new warrant and cancel the bail. This ensures that the legal process does not get delayed and the person follows the instructions.
6. Arresting Officer Can Release After Taking Bail
If the person agrees to all the conditions, the police officer who receives the warrant can take the bail bond and sureties and release the person. There is no need to keep the person in lock-up or take them to court immediately. This saves time and reduces unnecessary pressure on the jail system. It also makes the process more convenient for all parties.
7. Person Must Sign Bail Bond
The person who is arrested and allowed to go on bail must sign a bail bond, promising to follow the conditions. The sureties also sign the bond. This bond becomes a legal document that can be used if the person violates the bail terms. The signature proves the person was aware and agreed to all rules when released.
8. Officer Must Send Bond to Court
Once the police officer takes the bond and sureties, they must immediately send this bond to the court that issued the warrant. This helps the court keep a legal record and ensures that all rules were followed properly. If anything goes wrong later (like the person not attending court), the bond can be checked for evidence and action.
9. Bail is Temporary, Not Permanent Release
The bail granted through the warrant is temporary. The person is still under the court’s supervision. If they violate conditions, miss court dates, or commit another offense, the court can cancel the bail and order re-arrest. This rule ensures that the system remains fair and serious even when bail is granted quickly.
10. This Section Supports Speedy and Fair Justice
Overall, BNSS Section 73 helps in speeding up the legal process while still protecting people’s rights. It avoids unnecessary jail time for minor cases, reduces the load on the police and court, and ensures that the accused has a fair chance to appear in court on their own. This supports both justice and human dignity.
BNSS Section 73 in Real Life
🔹 Example 1:
Ravi is accused of a minor financial dispute. The court issues a warrant for his arrest but includes an endorsement allowing him to be released if he gives a bail bond with 2 sureties worth ₹10,000 each. When the police arrest Ravi, he provides the bond and is released immediately. He later appears in court on the given date.
🔹 Example 2:
Shalini is involved in a minor altercation case. The magistrate issues an arrest warrant but also allows her to get bail by submitting a bond of ₹15,000 with one surety. The police take her bond, release her, and send the bond papers to the court. She follows all court instructions and attends hearings without fail.
Section 73 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Bail Option in Arrest Warrant | The court can add a condition in the arrest warrant allowing the arrested person to get bail directly from the police officer by giving a bail bond with sureties. |
| 2. Details of Sureties and Amount | The warrant must clearly mention how many sureties are required and the amount of money to be pledged by the accused and sureties. |
| 3. Mention of Court Appearance Time | The court must write the exact date and time when the arrested person must appear before it after release. |
| 4. Police Officer Can Take Security | The police officer who receives the warrant can accept the bail bond, take the security, and release the person without bringing them to court. |
| 5. Bond Must Be Sent to Court | After taking the bond, the officer must send it to the court that issued the warrant for official record and further action. |
BNSS Section 73 FAQs
BNSS 73
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