Bharatiya Nagarik Suraksha Sanhita, 2023
Section 91
Power to take bond or bail bond for appearance
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier Section 88 of the CrPC, 1973) aimed at reducing unnecessary paperwork and court time. If a person is already present, there is no practical need to formally summon or arrest them again for the next hearing; instead, the court can take a simple undertaking (bond) that they will return, saving the machinery of summons/warrants for cases where the person is not already before the court.
Common misconceptions
- Myth: This section lets courts arrest anyone who walks in voluntarily.
Fact: It does the opposite — it lets the court avoid arrest or summons by simply taking a bond from someone who is already present.