Bharatiya Nagarik Suraksha Sanhita

Section 489

Discharge of sureties

⚖️ Bail Procedure Guide 🔨 Punishment & Liability Guide

⚡ Quick Answer Reference: Section 489 BNSS

Provision: Section 489 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO BAIL AND BONDS
Jurisdiction: India
Summary: This section allows sureties for someone released on bail to apply to a Magistrate to be discharged from their bond. The Magistrate then arrests the person, who must find new sureties or risk jail.

Statutory Content

What does Section 489 of BNSS say?

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

Indian StandardSection 489, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 489 (India)

Court Pleading StandardSection 489 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).

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Section Meaning & Purpose

What does Section 489 of BNSS mean?

Plain English Explanation

This section allows sureties for someone released on bail to apply to a Magistrate to be discharged from their bond. The Magistrate then arrests the person, who must find new sureties or risk jail.

Practical Interpretation

In practice, this section provides a mechanism for sureties to exit their obligations, prompting the person on bail to secure new sureties to avoid detention.

Core Legal Purpose

The core purpose is to provide a legal pathway for sureties to be relieved of their responsibilities while ensuring the person on bail remains accountable and secured by sufficient sureties.

Key Legal Elements

•The sureties must apply to a Magistrate to discharge the bond.
•The Magistrate issues a warrant of arrest for the person released on bail.
•The person must appear or surrender and then find new sufficient sureties.
•Failure to find new sureties may result in commitment to jail.

Practical Example

Practical Example of Section 489 BNSS

Rajesh, a surety for his friend Amit who was released on bail, decides he no longer wants to be responsible. Rajesh applies to the Magistrate, who then issues a warrant for Amit's arrest. Amit appears before the Magistrate and is told to find new sureties. If Amit fails to do so, he may be committed to jail.

Common Questions (FAQ)

Frequently Asked Questions about Section 489 BNSS

Q: What is the punishment or consequence under Section 489 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequence is the potential commitment to jail if the person fails to find new sufficient sureties.

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

This section applies to private individuals who act as sureties for persons released on bail.

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

This section does not define an offence but rather a procedural mechanism. Therefore, it does not classify an offence as bailable or cognizable.

Common Questions about Section 489 BNSS

What is Section 489 of BNSS?

Section 489 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge of sureties". In plain terms: This section allows sureties for someone released on bail to apply to a Magistrate to be discharged from their bond. The Magistrate then arrests the person, who must find new sureties or risk jail.

What is the punishment under Section 489 of BNSS?

Section 489 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 489 of BNSS bailable or non-bailable?

Whether Section 489 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 489 of BNSS?

The essential elements of Section 489 of BNSS are: The sureties must apply to a Magistrate to discharge the bond.; The Magistrate issues a warrant of arrest for the person released on bail.; The person must appear or surrender and then find new sufficient sureties..

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