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Bharatiya Nagarik Suraksha Sanhita

Section 487

Discharge from custody

Quick Answer Reference: Section 487 BNSS

  • Provision: Section 487 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROVISIONS AS TO BAIL AND BONDS
  • Jurisdiction: India
  • Summary: When a person posts bail, they will be released from jail. The court will issue an order to the jail officer to let the person go. However, if the person is being held for another reason, they won't be released.
Statutory Content

What does Section 487 of BNSS say?

(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.

Indian StandardSection 487, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 487 (India)
Court Pleading StandardSection 487 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/487

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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 487 of BNSS mean?

Plain English Explanation

When a person posts bail, they will be released from jail. The court will issue an order to the jail officer to let the person go. However, if the person is being held for another reason, they won't be released.

Practical Interpretation

This section is applied in real-life situations when a person is granted bail. The court will issue an order to the jail officer to release the person, but only if they are being held for the specific reason mentioned in the bail bond.

Core Legal Purpose

The core purpose of this section is to provide a clear procedure for the release of a person from custody when they have posted bail. It ensures that the person is released only for the specific reason mentioned in the bail bond, and not for any other reason.

Key Legal Elements
  • The bail bond has been executed.
  • The person is being held in jail.
  • The court has admitted the person to bail.
  • The person is not liable to be detained for any other matter.
Practical Example

Practical Example of Section 487 BNSS

Rajesh is arrested for a minor traffic offense and is being held in jail. His friend, Priya, posts a bail bond on his behalf. The court grants Rajesh bail and issues an order to the jail officer to release him. However, Rajesh is also being held for a separate offense of driving without a license. In this case, the court will not release Rajesh because he is liable to be detained for the driving offense, which is not mentioned in the bail bond.

Common Questions (FAQ)

Frequently Asked Questions about Section 487 BNSS

Q: What is the punishment or consequence under Section 487 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

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

This section applies to both private individuals and public entities, as it deals with the release of a person from custody when they have posted bail.

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

This section is a procedural provision and does not deal with the classification of offenses as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 487 BNSS

What is Section 487 of BNSS?

Section 487 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge from custody". In plain terms: When a person posts bail, they will be released from jail. The court will issue an order to the jail officer to let the person go. However, if the person is being held for another reason, they won't be released.

What is the punishment under Section 487 of BNSS?

Section 487 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 487 of BNSS bailable or non-bailable?

Whether Section 487 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 487 of BNSS?

The essential elements of Section 487 of BNSS are: The bail bond has been executed.; The person is being held in jail.; The court has admitted the person to bail..

Landmark Case Laws

Landmark Judgments under Section 487 BNSS

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

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