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CrPC · Chapter VI · Processes to compel appearance

CrPC section 88 in the BNSS

CrPC 88BNSS 91

CrPC section 88, “Power to take bond for appearance”, is now BNSS section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 88 to BNSS 91

Now BNSS section 91. The Court may take a “bond or bail bond” for appearance (CrPC: a bond with or without sureties).

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 88 Power to take 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, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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