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Bharatiya Nagarik Suraksha Sanhita

Section 485

Bond of accused and sureties

Quick Answer Reference: Section 485 BNSS

  • Provision: Section 485 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROVISIONS AS TO BAIL AND BONDS
  • Jurisdiction: India
  • Summary: Before a person is released on bail, they and one or more sureties must sign a bond promising to attend court at the specified time and place until further notice. The bond must also include any conditions set by the police or court for the person's release.
Statutory Content

What does Section 485 of BNSS say?

(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. (3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

Indian StandardSection 485, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 485 (India)
Court Pleading StandardSection 485 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/485

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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 485 of BNSS mean?

Plain English Explanation

Before a person is released on bail, they and one or more sureties must sign a bond promising to attend court at the specified time and place until further notice. The bond must also include any conditions set by the police or court for the person's release.

Practical Interpretation

In practice, this section means that before a person can be released on bail, they must provide a bond with sufficient sureties. The court or police officer will determine the sufficiency of the sureties, and the bond must include any conditions set for the person's release.

Core Legal Purpose

The core purpose of this section is to ensure that a person released on bail is held accountable for attending court and complying with any conditions set for their release.

Key Legal Elements
  • A bond must be executed by the person and one or more sufficient sureties.
  • The bond must contain a condition that the person will attend court at the specified time and place.
  • The court or police officer must determine the sufficiency of the sureties.
  • The bond must include any conditions set by the police or court for the person's release.
Practical Example

Practical Example of Section 485 BNSS

Rajesh is arrested for a minor offense and is eligible for bail. Before he can be released, he and his friend, Priya, must sign a bond promising to attend court at the specified time and place. The bond must also include a condition that Rajesh will not leave the country without permission. If Rajesh fails to attend court or violates the condition, he and Priya will be held accountable.

Common Questions (FAQ)

Frequently Asked Questions about Section 485 BNSS

Q: What is the punishment or consequence under Section 485 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequences of violating the bond will depend on the specific circumstances and any additional provisions in the act.

Q: Does this section apply to private individuals or public entities?

This section applies to private individuals who are released on bail.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offense as bailable or cognizable. The classification of the offense will depend on other provisions in the act.

People Also Ask (PAA)

Common Questions about Section 485 BNSS

What is Section 485 of BNSS?

Section 485 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Bond of accused and sureties". In plain terms: Before a person is released on bail, they and one or more sureties must sign a bond promising to attend court at the specified time and place until further notice. The bond must also include any conditions set by the police or court for the person's release.

What is the punishment under Section 485 of BNSS?

Section 485 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 485 of BNSS bailable or non-bailable?

Whether Section 485 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 485 of BNSS?

The essential elements of Section 485 of BNSS are: A bond must be executed by the person and one or more sufficient sureties.; The bond must contain a condition that the person will attend court at the specified time and place.; The court or police officer must determine the sufficiency of the sureties..

Landmark Case Laws

Landmark Judgments under Section 485 BNSS

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)