Bharatiya Nagarik Suraksha Sanhita

Section 488

Power to order sufficient bail when that first taken is insufficient

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⚡ Quick Answer Reference: Section 488 BNSS

Provision: Section 488 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO BAIL AND BONDS
Jurisdiction: India
Summary: This section allows a court to order someone released on bail to find new, sufficient sureties if the original ones are insufficient due to mistake, fraud, or other reasons.

Statutory Content

What does Section 488 of BNSS say?

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

Indian StandardSection 488, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 488 (India)

Court Pleading StandardSection 488 of the Bharatiya Nagarik Suraksha Sanhita

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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 488 of BNSS mean?

Plain English Explanation

This section allows a court to order someone released on bail to find new, sufficient sureties if the original ones are insufficient due to mistake, fraud, or other reasons.

Practical Interpretation

In practice, this section gives courts the power to review and adjust bail conditions to ensure public safety and the accused's appearance in court, by requiring new sureties when the initial ones are deemed inadequate.

Core Legal Purpose

The core purpose is to ensure that bail conditions are sufficient to guarantee the accused's appearance in court, thereby maintaining the integrity of the judicial process and protecting public interests.

Key Legal Elements

•Insufficient sureties have been accepted due to mistake, fraud, or otherwise.
•The sureties accepted have become insufficient over time.
•The court's assessment of the sufficiency of the sureties.
•The accused's failure to provide new, sufficient sureties when ordered to do so.

Practical Example

Practical Example of Section 488 BNSS

Rajesh was released on bail with sureties that were later found to be insufficient due to fraud. The court issued a warrant for Rajesh's arrest and ordered him to find new, sufficient sureties. If Rajesh fails to do so, he may be committed to jail, illustrating how this section ensures that bail conditions are robust enough to guarantee the accused's appearance in court.

Common Questions (FAQ)

Frequently Asked Questions about Section 488 BNSS

Q: What is the consequence under Section 488 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the person may be committed to jail if they fail to find sufficient sureties as ordered by the court.

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

This section applies to individuals who have been released on bail, regardless of whether they are private individuals or associated with public entities.

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

This section does not define an offence in the traditional sense but rather outlines a procedural power of the court regarding bail conditions. Therefore, it does not classify an offence as bailable or cognizable.

Common Questions about Section 488 BNSS

What is Section 488 of BNSS?

Section 488 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to order sufficient bail when that first taken is insufficient". In plain terms: This section allows a court to order someone released on bail to find new, sufficient sureties if the original ones are insufficient due to mistake, fraud, or other reasons.

What is the punishment under Section 488 of BNSS?

Section 488 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 488 of BNSS bailable or non-bailable?

Whether Section 488 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 488 of BNSS?

The essential elements of Section 488 of BNSS are: Insufficient sureties have been accepted due to mistake, fraud, or otherwise.; The sureties accepted have become insufficient over time.; The court's assessment of the sufficiency of the sureties..

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