(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.
Bharatiya Nagarik Suraksha Sanhita
Section 481
Bail to require accused to appear before next Appellate Court
Englishहिंदी
⚡ Quick Answer Reference: Section 481 BNSS
- Provision: Section 481 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: Before a trial is over and before an appeal is decided, the court trying the case or the appellate court will ask the accused to give a bond or post bail to appear in the higher court if the higher court issues a notice about an appeal or petition against the lower court's judgment. This bond will be valid for six months.
Statutory Content
What does Section 481 of BNSS say?
Indian StandardSection 481, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 481 (India)
Court Pleading StandardSection 481 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/481
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 481 of BNSS mean?
Plain English Explanation
Before a trial is over and before an appeal is decided, the court trying the case or the appellate court will ask the accused to give a bond or post bail to appear in the higher court if the higher court issues a notice about an appeal or petition against the lower court's judgment. This bond will be valid for six months.
Practical Interpretation
In practical terms, this section means that the accused will be required to provide a guarantee to appear in the higher court if their case is appealed. This is to ensure that the accused does not abscond during the appeal process.
Core Legal Purpose
The core purpose of this section is to ensure that the accused appears in the higher court if their case is appealed, and to provide a mechanism for the court to ensure their presence.
Key Legal Elements
- •The court trying the offence or the Appellate Court must require the accused to execute a bond or bail bond.
- •The accused must appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.
- •The bond shall be in force for six months.
- •If the accused fails to appear, the bond stands forfeited.
Practical Example
Practical Example of Section 481 BNSS
Rajesh is accused of a crime and is tried in a lower court. The lower court convicts him, but Rajesh appeals the decision to a higher court. Under Section 481 of BNSS, the lower court requires Rajesh to post bail and appear in the higher court if the higher court issues a notice about the appeal. Rajesh posts the bail and appears in the higher court, where his appeal is heard and decided.
Common Questions (FAQ)
Frequently Asked Questions about Section 481 BNSS
Q: What is the punishment or consequence under Section 481 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. If the accused fails to appear, the bond stands forfeited and the procedure under section 491 shall apply.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision applicable to all accused persons.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable. The classification of the offence would depend on the specific provisions of the BNSS.
People Also Ask (PAA)
Common Questions about Section 481 BNSS
What is Section 481 of BNSS?
Section 481 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Bail to require accused to appear before next Appellate Court". In plain terms: Before a trial is over and before an appeal is decided, the court trying the case or the appellate court will ask the accused to give a bond or post bail to appear in the higher court if the higher court issues a notice about an appeal or petition against the lower court's judgment. This bond will be valid for six months.
What is the punishment under Section 481 of BNSS?
Section 481 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 481 of BNSS bailable or non-bailable?
Whether Section 481 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 481 of BNSS?
The essential elements of Section 481 of BNSS are: The court trying the offence or the Appellate Court must require the accused to execute a bond or bail bond.; The accused must appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.; The bond shall be in force for six months..
Landmark Case Laws
Landmark Judgments under Section 481 BNSS
Patnahcucisdb94 High Court (10 8)
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