Empowers courts to secure attendance through execution of bond instead of immediate custody.
Ensures compliance with court appearance requirements using less coercive procedural measures.
Introduction
Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes a criminal court to require execution of a bond or bail bond for appearance from a person present before it. The provision enables courts to secure future attendance without resorting to arrest or detention, thereby promoting procedural efficiency and protection of personal liberty.
It reflects the principle that securing presence before court should ordinarily be achieved through minimal coercive measures.
Objective of the Provision
The objectives of Section 91 BNSS are
- to ensure appearance of persons before court through bonds
- to reduce unnecessary custodial detention
- to provide courts with flexible procedural tools for securing attendance
- to promote fairness in criminal proceedings
The provision strengthens non-custodial methods of ensuring compliance with judicial process.
Meaning / Concept
Bond for Appearance
A bond for appearance is a written undertaking by a person to appear before the court at a specified time and place when required.
Failure to comply with such undertaking may result in forfeiture of the bond.
Bail Bond for Appearance
A bail bond includes
- an undertaking by the accused, and
- assurance by sureties where required
guaranteeing appearance before court on future dates.
Thus, the provision enables courts to secure attendance through financial and legal assurance mechanisms.
Detailed Explanation of the Section
Section 91 BNSS provides that
- when a person for whose appearance a summons or warrant has been issued is present before the court
- the court may require such person to execute a bond or bail bond for appearance
- the bond shall specify the time and place at which the person must appear
- the bond may be executed with or without sureties, as directed by the court
Key features include
- applicability where presence before court is already secured
- authority of court to require bond for future appearance
- discretion to require sureties where necessary
- prevention of unnecessary custody through bond mechanism
These safeguards promote procedural efficiency and liberty protection.
Procedure or Legal Framework
The procedural framework under Section 91 BNSS generally includes
- appearance of person before court pursuant to summons or warrant
- assessment by court regarding need for future attendance assurance
- direction to execute bond or bail bond
- specification of conditions of appearance
- release of person upon execution of bond
Failure to comply with bond conditions may lead to further coercive action under Section 92 BNSS.
Judicial Interpretation
Courts have emphasized that execution of bonds for appearance is an important safeguard against unnecessary arrest and detention.
In Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1, the Supreme Court held that arrest should not be used mechanically where attendance can be secured through less restrictive measures.
In Siddharth v. State of Uttar Pradesh (2021) 1 SCC 676, the Court reiterated that unnecessary arrest should be avoided when the accused is cooperating with investigation and proceedings.
In Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Supreme Court stressed the importance of adopting non-custodial measures wherever appropriate.
These decisions support the procedural flexibility recognized under Section 91 BNSS.
Importance of the Provision
Section 91 BNSS is important because
- it provides an alternative to arrest and detention
- it ensures attendance through legal undertakings
- it protects personal liberty during criminal proceedings
- it strengthens efficiency of court process
The provision promotes balanced use of coercive and non-coercive procedural mechanisms.
Connection with Other Sections
Section 91 BNSS operates alongside related provisions governing appearance and bond execution
- Section 73 BNSS – Power to direct security to be taken
- Section 90 BNSS – Issue of warrant in lieu of, or in addition to, summons
- Section 92 BNSS – Arrest on breach of bond
- Section 63 BNSS – Form of summons
Corresponding Provision under Old Law
Section 91 BNSS corresponds to Section 88 of the Code of Criminal Procedure, 1973.
Illustrative Example
An accused person appears before the Magistrate after receiving summons. Instead of ordering custody, the Magistrate directs the accused to execute a bond ensuring appearance on the next hearing date. The accused furnishes the bond and is allowed to leave. This action is valid under Section 91 BNSS.
Conclusion
Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to secure attendance of persons through execution of bonds or bail bonds instead of resorting to custodial measures. By promoting non-coercive compliance with court directions, the provision strengthens procedural fairness and efficiency in criminal proceedings.
