BNSS Section 73 – Power to Direct Security to Be Taken: Explained

Learn about BNSS Section 73 – Power to Direct Security to Be Taken. Understand its meaning, procedure, objectives, key features, practical implications, and difference from CrPC for law students, aspirants, and professionals.



Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure (CrPC), 1973, bringing several procedural reforms in India’s criminal justice system. One of its important provisions is Section 73 – Power to Direct Security to Be Taken.

This section deals with the situation where a Court issues a warrant of arrest but at the same time allows the accused to secure their release by providing bail bond and sureties. The idea is to balance individual liberty with the need for ensuring presence in Court.

In this article, we will explain BNSS Section 73 in detail, its objective, procedure, key features, comparison with CrPC, practical use cases, and FAQs.

Text of BNSS Section 73

(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 bail 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.

Key Features of BNSS Section 73

  1. Discretion of the Court – The Court may decide whether or not to allow release on security.

  2. Endorsement on Warrant – The order must be written on the warrant itself for clarity.

  3. Surety Requirements – Court decides the number of sureties and bond amount.

  4. Specified Time for Attendance – The endorsement must mention when the accused should appear.

  5. Role of Police Officer – The officer executing the warrant must accept security and release the person if conditions are met.

  6. Forwarding of Bond – The officer must send the bond to the Court for record.

Objective of Section 73

The main objective of BNSS Section 73 is to:

  • Prevent unnecessary detention of individuals when their appearance can be secured by bail/security.

  • Ensure judicial efficiency by avoiding repeated custody hearings.

  • Protect the fundamental right to liberty while ensuring compliance with legal proceedings.

  • Provide flexibility to Courts in deciding whether custody or security is appropriate.

Procedure under BNSS Section 73

The step-by-step procedure works as follows:

  1. Warrant Issued – The Court issues an arrest warrant against a person.

  2. Endorsement by Court – The Court may endorse on the warrant that the accused can be released on security.

  3. Arrest Execution – The police officer executes the warrant and arrests the person.

  4. Offer of Security – The arrested person furnishes a bail bond with sureties as per Court’s directions.

  5. Release from Custody – The officer releases the person after accepting security.

  6. Forwarding Bond – The officer forwards the bail bond to the concerned Court.

Practical Implications

  • Reduces jail overcrowding by preventing unnecessary custody.

  • Saves time for both Courts and police.

  • Protects dignity of individuals accused of minor offences.

  • Ensures accountability since bonds must be forwarded to Court.

  • Strengthens trust between judiciary and law enforcement.

Comparison with CrPC

BNSS Section 73 corresponds to Section 76 of the CrPC, 1973. The spirit of both provisions remains the same – giving Courts the power to direct release on security while issuing a warrant.

Differences:

  • BNSS uses updated terminology consistent with modern criminal procedure reforms.

  • BNSS seeks to make procedures more time-bound and transparent, improving efficiency.

Thus, Section 73 carries forward the old principle but in a revised legal framework under BNSS.

Judicial Interpretation

While BNSS is newly introduced, earlier judgments under CrPC remain relevant for understanding Section 73. Courts have emphasized:

  • Bail is the rule, jail is the exception.

  • Arrest should not mean unnecessary detention when security is sufficient.

  • Courts should exercise discretion carefully to balance liberty and justice.

Cases such as State of Rajasthan v. Balchand and Gudikanti Narasimhulu v. Public Prosecutor (under CrPC bail provisions) highlight the principle that liberty must not be curtailed unnecessarily.

Example Scenario

Suppose a person is accused of a non-serious offence and the Court issues a warrant for his arrest. The Court may endorse on the warrant that if the accused furnishes a bail bond with two sureties of ₹20,000 each, he may be released immediately.

When the police officer executes the warrant, instead of keeping the person in custody, the officer can accept the bond and release him, forwarding the bond to the Court. This ensures:

  • The accused does not suffer unnecessary detention.

  • The Court is assured of his appearance.

  • The process becomes efficient and humane.

Importance for Law Students and Aspirants

For law students, UPSC aspirants, and judiciary exam candidates, BNSS Section 73 is important because:

  • It reflects the principle of bail and liberty.

  • It is a procedural safeguard in criminal law.

  • It may be asked in prelims, mains, and viva.

  • It helps understand the continuity and change between CrPC and BNSS.

FAQs on BNSS Section 73

Q1. What does BNSS Section 73 deal with?
It empowers Courts to direct release on security while issuing an arrest warrant.

Q2. Can the police officer decide on their own to release an accused under Section 73?
No, the police officer can only release the person if the Court has specifically endorsed the warrant.

Q3. What must be mentioned in the endorsement?
The number of sureties, bond amount, and time of appearance before the Court.

Q4. What happens after security is taken?
The officer must release the person and forward the bond to the Court.

Q5. Is this similar to CrPC provisions?
Yes, it corresponds to Section 76 of the CrPC, with updated language under BNSS.

Also read: BNSS Section 71

Conclusion

BNSS Section 73 is a progressive provision that balances judicial control with personal liberty. By allowing Courts to endorse warrants with conditions for security, it prevents unnecessary custody, reduces the burden on jails, and ensures efficiency in criminal procedure.

For law professionals, students, and aspirants, understanding this section is crucial because it illustrates the principle that freedom is the norm, detention is the exception. As BNSS continues to shape India’s legal landscape, Section 73 will play a key role in ensuring justice while upholding the dignity of individuals.

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