CrPC Section 71 — Power to direct security to be taken

Summary

Sub-section (1) allows a Court issuing an arrest warrant to direct on the warrant that the officer must take security and release the person from custody if that person provides a bond with sufficient sureties. The bond must require the person to attend Court at a specified time and continue attending until the Court directs otherwise.

Sub-section (2) requires the endorsement on the warrant to state: (a) the number of sureties; (b) the amounts for which the sureties and the person whose arrest is sought are each bound; and (c) the time when that person must attend Court.

Sub-section (3) requires the officer to send the bond to the Court whenever security is taken under this section.

Official Text

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

Referred to by

• CrPC §73 — Warrant may be directed to any person
• CrPC §76 — Person arrested to be brought before Court without delay
• CrPC §80 — Procedure on arrest of person against whom warrant issued
• CrPC §81 — Procedure by Magistrate before whom such person arrested is brought

Related Judgments

• with Mr. Arshdeep Singh Khurana, Ms.; Sulakshan; Vedartham; Ms.; Khush vs DIRECTORATE OF ENFORCEMENT — Delhi High Court (2025)
• PARVINDER SINGH vs DIRECTORATE OF ENFORCEMENT — Supreme Court of India (2026)
• DIRECTORATE OF ENFORCEMENT vs BIBHU PRASAD ACHARYA, ETC — Supreme Court of India (2024)
• THE STATE OF MADHYA PRADESH vs UDAY SINGH — Supreme Court of India (2019)

Old <-> New Code Mapping

• BNSS §73 — Power to direct security to be taken