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Report No. 268

8. Substitution of new section for section 88.-

For section 88 of the Code of Criminal Procedure, the following section shall be substituted, namely:-

"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 summons or warrant, is present in the Court, such officer may require such person for his appearance in the Court, or any other Court to which the case may be transferred for trial, and for this purpose may require the person to furnish security for such appearance:

Provided that if the person furnishes non-monetary security mentioning therein members of his family, if any, their age(s) and address(es) with particulars of Aadhar Card or PAN Card, or any other document recognised by law, the Court may, on being satisfied, dispense with filing of sureties till the need arises:

Provided further that the method of release contained in this sub-section shall not be applicable to a person who has been previously convicted of cognizable and non-bailable offence.".



Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back




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