Discuss the process of a court to take a bond for an appearance from a person who is present before the court and for whose appearance such court is empowered to issue summons or warrant. Can a person who has filed a bond be arrested? if so under what circumstances.

Question: Discuss the process of a court to take a bond for an appearance from a person who is present before the court and for whose appearance such court is empowered to issue summons or warrant. Can a person who has filed a bond be arrested? if so under what circumstances.

Find the answer to the mains question only on Legal Bites. [Discuss the process of a court to take a bond for an appearance from a person who is present before the court and for whose appearance such court is empowered to issue summons or warrant. Can a person who has filed a bond be arrested? if so under what circumstances.]

Answer

Section 88 of the Code of Criminal Procedure deals with the power to take bonds for appearance. It states that 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.

Section 88 indicates that if a person is present in a Court in connection with a case and the officer presiding the Court is entitled to issue the summons or warrant to secure his presence, then he may direct that person to execute a bond for his presence in his Court on a later date or to secure his presence in some other Court notwithstanding the fact that his presence in the Court, at the relevant time is not in connection with that case for which he is being bound over.

In the case of Ram Chandra v. State of Uttar Pradesh, 1977 CriLJ 1783, the court stated that the Magistrate can remand a person to custody only when he has express power to do so.

No Magistrate can create jurisdiction in himself to do a thing which the law does not permit him to do. Therefore, as the law exists no Magistrate has the power to commit a person to custody in the event of his refusing to execute a bond.

Section 89 states when a person may be arrested on breach of bond for appearance. It provides that when any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

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