Code: Section 492 BNSS
Without prejudice to the provisions of section 491, where a bond or bail bond
under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a
condition,—
(a) the bond executed by such person as well as the bond, if any, executed by
one or more of his sureties in that case shall stand cancelled; and
(b) thereafter no such person shall be released only on his own bond in that
case, if the police officer or the Court, as the case may be, for appearance before
whom the bond was executed, is satisfied that there was no sufficient cause for the
failure of the person bound by the bond to comply with its condition:
Provided that subject to any other provisions of this Sanhita he may be released in
that case upon the execution of a fresh personal bond for such sum of money and bond by
one or more of such sureties as the police officer or the Court, as the case may be, thinks
sufficient.
Explanation
Section 492 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the cancellation of bonds and bail bonds in cases where a person bound by such a bond fails to comply with its conditions. If the bond or bail bond is forfeited, both the individual’s bond and the bonds of any sureties are cancelled. After this, the person cannot be released on their own bond alone unless the police officer or Court is convinced that there was a valid reason for the failure to comply.
Key Provisions of Section 492 BNSS
- Cancellation of Bond:
If the bond is forfeited due to the person’s failure to meet the conditions, both their bond and the bonds executed by any sureties are cancelled. - No Release on Own Bond:
After the forfeiture, the person cannot be released solely on their own bond. A police officer or Court must be satisfied that there was no sufficient cause for the failure. - Fresh Personal Bond:
However, the person can be released if they execute a fresh personal bond and, if necessary, provide additional sureties as deemed sufficient by the police officer or Court.
Illustration
Example 1: Cancellation of Bond Due to Failure to Appear
A person has been released on bail with a bond to appear before the Court. However, they fail to appear on the scheduled date without a valid reason. As a result, the bond and any sureties are cancelled. The person is then required to execute a new bond with sureties before being granted bail again.
Example 2: Release on Fresh Bond
If the Court or police officer believes that the person failed to comply with the bond conditions due to a reasonable cause, they may allow the person to be released again, but only upon executing a fresh bond and presenting new sureties.
Common Questions and Answers on Section 492 BNSS
1. What happens when a bond is forfeited under Section 492?
- Answer: If a bond is forfeited due to the person’s failure to comply with the conditions, both their bond and any sureties are cancelled. The person cannot be released solely on their own bond.
2. Can a person be released after the cancellation of the bond?
- Answer: Yes, the person may be released if they execute a fresh personal bond with new sureties as deemed sufficient by the Court or police officer.
3. What does the Court or police officer consider before allowing the person to be released again?
- Answer: The Court or police officer must be satisfied that there was no valid cause for the person’s failure to comply with the original bond conditions. If the cause was reasonable, they may permit the release on a new bond.
Conclusion
Section 492 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ensures that bonds and bail bonds are treated with due seriousness. If an individual fails to comply with the bond conditions, their bond and any sureties are cancelled, preventing automatic release. However, upon meeting the required conditions, a fresh personal bond can be executed for the release of the individual.
