Section 75 – Court May Direct Security to Be Taken – BNSS 2023

Allows court to take security for appearance instead of immediate arrest.

Introduction

Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a court issuing a warrant of arrest to direct that the person arrested be released upon furnishing security for appearance before the court. This provision introduces flexibility in the execution of warrants by allowing conditional liberty instead of immediate custody.

It reflects the principle that arrest should not be unnecessarily punitive and must remain consistent with Article 21 of the Constitution of India, which protects personal liberty.

Objective of the Provision

The objectives of Section 75 BNSS are

• To provide an alternative to immediate detention after arrest
• To ensure appearance of the accused before court through security
• To reduce unnecessary custodial detention
• To balance judicial authority with individual liberty

The provision promotes fairness in the execution of arrest warrants.

Meaning / Concept

Security for Appearance

Security refers to a bond or undertaking, with or without sureties, executed by the arrested person guaranteeing their appearance before the court at a specified time.

Conditional Release After Arrest

Instead of being detained after execution of a warrant, the person may be released upon fulfilling conditions imposed by the court.

This ensures compliance with judicial orders without unnecessary incarceration.

Detailed Explanation of the Section

Section 75 BNSS provides that

• A court issuing a warrant of arrest may endorse on the warrant that
  • If the person executes a bond with sufficient sureties
  • The person may be released after arrest
• The endorsement must specify
  • Number of sureties required
  • Amount of bond
  • Time and place for appearance before court

Key features include

• Discretionary power of the court
• Ensures attendance without prolonged custody
• Reduces burden on detention facilities

This provision promotes proportional use of coercive powers.

Procedure or Legal Framework

The procedure under Section 75 BNSS involves

• Issuance of warrant of arrest by the court
• Endorsement on warrant permitting release on security
• Arrest of the person by executing officer
• Execution of bond with sureties by the arrested person
• Release of the person upon compliance
• Appearance before court on specified date

This ensures lawful release subject to conditions imposed by the court.

Judicial Interpretation

Courts have emphasized the importance of minimizing unnecessary detention

In State of Rajasthan v. Balchand (1977) 4 SCC 308, the Supreme Court observed that bail is the rule and jail is the exception, supporting conditional release mechanisms

In Gudikanti Narasimhulu v. Public Prosecutor (1978) 1 SCC 240, the Court stressed that personal liberty must be balanced with judicial requirements

In Sanjay Chandra v. CBI (2012) 1 SCC 40, the Court held that pre-trial detention should not become punitive

These decisions reinforce the principle underlying conditional release upon furnishing security.

Importance of the Provision

Section 75 BNSS is important because

• It prevents unnecessary detention after arrest under warrant
• It ensures appearance of accused through legal guarantees
• It promotes efficient use of judicial discretion
• It protects personal liberty while maintaining court authority

It is an important safeguard within warrant execution procedures.

Connection with Other Sections

This provision is connected with

• Section 72 BNSS – Warrant in lieu of summons
• Section 73 BNSS – Warrant of arrest
• Section 74 BNSS – Form and duration of warrant
• Section 88 BNSS – Power to take bond for appearance

Corresponding Provision under Old Law

Section 75 BNSS corresponds to Section 71 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A court issues a warrant of arrest against an accused who failed to appear earlier. The warrant includes an endorsement allowing release upon furnishing a bond of a specified amount with sureties. After arrest, the accused furnishes the bond and is released, subject to appearing before the court on the specified date under Section 75 BNSS.

Conclusion

Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides courts with flexibility to secure attendance of accused persons without requiring immediate detention. By allowing release upon furnishing security, the provision balances enforcement of judicial orders with protection of individual liberty.