CrPC Section 71
Section 71 of the Criminal Procedure Code (CrPC), 1973
Power to Direct Security to Be Taken
Bare Text of Section 71:
"When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a warrant is present in such Court, the Court may direct the officer to take security from such person for his appearance in such Court or any other Court to which the case may be transferred for trial."
Detailed Explanation:
1. Context and Purpose:
This section gives power to a court to avoid issuing an arrest warrant if the person is already present before the court.
Instead of sending the person into custody, the court may choose to take security (bond or surety) from the person to ensure that they appear again when required.
2. When Can This Be Applied?
The court may use this section in the following situations:
The person (accused or witness) is already present in the court, even though the court is authorized to issue a warrant for them.
The court believes that custodial arrest is not necessary, and the person can be trusted to appear again if they give a guarantee.
3. Nature of Security:
The term "security" here refers to a personal bond, bail bond, or surety, where the person undertakes to appear before the court on future dates.
The court may ask for:
A cash bond
A surety (another person who guarantees the appearance of the accused)
Any other legally recognized form of security.
4. Practical Effect:
This provision promotes the principle of personal liberty by avoiding unnecessary arrest.
It also helps the court avoid burdening the prison system and reduces the time spent on arrest and custody procedures.
Practical Example:
Suppose the court is about to issue a warrant for a person accused of cheating, but the person voluntarily appears before the court.
Under Section 71, the court may not issue the warrant, and instead take security (e.g., a bail bond) to ensure that the person will appear for future hearings.
Difference from Section 70:
Section 70: Provides for issuing a warrant for arrest.
Section 71: If the person is already present, the court may avoid arrest and instead take security.
Summary Table:
| Element | Details |
|---|---|
| Power Given To | Presiding Officer of the Court |
| Condition | Person is already present in court |
| Action Allowed | Court may direct to take security instead of issuing a warrant |
| Form of Security | Bond, bail, surety |
| Purpose | Ensure appearance in current or future hearings |
| Legal Benefit | Avoids unnecessary arrest and protects personal liberty |
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