Code: Section 487 BNSS
(1) As soon as the bond or bail bond has been executed, the person for whose
appearance it has been executed shall be released; and, when he is in jail, the court admitting
him to bail shall issue an order of release to the officer in charge of the jail, and such officer
on receipt of the orders shall release him.
(2) Nothing in this section, section 478 or section 480, shall be deemed to require the
release of any person liable to be detained for some matter other than that in respect of
which the bond or bail bond was executed.
Explanation of Section 487 BNSS
Section 487 of the BNSS outlines the process for the release of an individual from custody upon execution of a bond or bail bond. This section ensures that once the bond is properly executed, the person whose appearance it guarantees shall be released. If the person is currently incarcerated, the Court will issue a release order to the officer in charge of the jail, who is then required to release the individual.
However, it is important to note that this section, along with Sections 478 and 480, does not compel the release of an individual who is still under detention for another matter. This means that if the person is being held for other charges or reasons, their release on bail will not apply to those unrelated matters.
Illustration
Example 1: Release from Jail After Bail Execution
A person who has been arrested is granted bail after the execution of a bail bond. The Court issues an order for their release, which is sent to the jail officer. The officer receives the order and releases the person from jail.
Example 2: No Release for Other Charges
An individual is granted bail for a specific charge. However, if the same individual is also being held in connection with a different charge, the bond for the first charge will not lead to their release for the second charge.
Common Questions and Answers on Section 487 BNSS
1. What happens after the bond or bail bond is executed?
- Answer: Once the bond or bail bond is executed, the person is entitled to be released from custody. If they are in jail, the Court will issue a release order, and the jail officer will release the person.
2. Can a person be released on bail if they are detained for other charges?
- Answer: No. The release on bail under Section 487 only applies to the charge for which the bond was executed. If the person is being detained for another matter, the bail does not apply to that charge.
3. Does Section 487 apply to all persons in custody?
- Answer: No, it applies only to those who are detained in connection with the specific charge for which the bond or bail bond has been executed.
Conclusion
Section 487 of the BNSS ensures the proper procedure for the release of individuals who have executed a bond or bail bond. It safeguards that once the bond is executed, the person will be released unless they are detained for another unrelated matter. This ensures fairness in the bail process while maintaining clear guidelines on the scope of release.
