Section 73: Power to direct security to be taken
Section 73 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the judicial aspect wherein a court may release an arrested person on bail by directing him to give security.
As per the provision of section, A court issuing an arrest warrant still has the discretion to endorse the warrant. This will permit the arrested individual to be released after executing a bail bond. The bond shall be supported by sufficient sureties to ensure the individual appears before the court at the date and time stipulated in the warrant .
The warrant of arrest to be endorsed upon by the court must state these details:
-The endorsement is to specify whether there are a certain number of sureties to take the bail.
-The cash sum both sureties and the arrested party are bound for.
-The order must also clearly indicate the exact date and time when the person needs to appear in
the court of law .
After receiving the security, the arresting warrant officer should remit the issued bail bond properly executed to the concerned court to inform it that security measures in place for its release of the defendant .
Important points:
-The arrested person is expected to present a financial guarantee, which in law is referred to as a bail bond, pledging to appear in court at the scheduled time. The bond is supported by sureties persons who take on legal liability for ensuring that the accused appears in court. If the accused fails to appear as per the court's instructions, the sureties may be held financially liable for the amount specified in the bond.
-Although section 73 sets the stage for bail, it does not disallow the denial of bail at the discretion of the court. Thus, if there is a perception that the accused will abscond or if it interferes with investigations, bail cannot be given. Therefore, even though this section sets up the process to allow bail, it does not mean that it would be possible under all situations .
-Sureties play an essential role in bail procedures. With their signature of the bail bond, they pledge financial responsibility to repay the full sum of the bail bond if the suspect fails to honor the order made by the court to present in court. If the individual doesn't come into court, he or she becomes liable and might be arrested since the surety is then required to be taken to the jail for legal procedures.
