When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
Bharatiya Nagarik Suraksha Sanhita
Section 490
Deposit instead of recognizance
Englishहिंदी
⚡ Quick Answer Reference: Section 490 BNSS
- Provision: Section 490 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: When a court or officer asks someone to give a bond or bail bond, they can instead deposit a certain amount of money or government promissory notes. This amount is decided by the court or officer, but it's not allowed for bonds related to good behaviour.
Statutory Content
What does Section 490 of BNSS say?
Indian StandardSection 490, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 490 (India)
Court Pleading StandardSection 490 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/490
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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 490 of BNSS mean?
Plain English Explanation
When a court or officer asks someone to give a bond or bail bond, they can instead deposit a certain amount of money or government promissory notes. This amount is decided by the court or officer, but it's not allowed for bonds related to good behaviour.
Practical Interpretation
In real-life legal practice, this section allows courts or officers to accept a deposit of money or government promissory notes instead of requiring a bond or bail bond. This can be useful in certain situations, but it's not applicable for bonds related to good behaviour.
Core Legal Purpose
The core purpose of this section is to provide an alternative to executing a bond or bail bond, allowing individuals to deposit a sum of money or government promissory notes instead. This provision is intended to facilitate the legal process and provide flexibility in certain situations.
Key Legal Elements
- •A person is required by a court or officer to execute a bond or bail bond.
- •The bond or bail bond is not for good behaviour.
- •The court or officer may permit the person to deposit a sum of money or government promissory notes instead of executing the bond.
- •The amount of the deposit is fixed by the court or officer.
Practical Example
Practical Example of Section 490 BNSS
Rajesh is required by the court to execute a bail bond. However, instead of executing the bond, the court permits him to deposit ₹50,000 as a substitute. This deposit is accepted by the court as a guarantee of Rajesh's appearance in court. In this scenario, Section 490 of BNSS is applied, allowing Rajesh to deposit a sum of money instead of executing the bail bond.
Common Questions (FAQ)
Frequently Asked Questions about Section 490 BNSS
Q: What is the punishment or consequence under Section 490 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 is applicable to any person required by a court or officer to execute a bond or bail bond.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offences. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 490 BNSS
What is Section 490 of BNSS?
Section 490 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Deposit instead of recognizance". In plain terms: When a court or officer asks someone to give a bond or bail bond, they can instead deposit a certain amount of money or government promissory notes. This amount is decided by the court or officer, but it's not allowed for bonds related to good behaviour.
What is the punishment under Section 490 of BNSS?
Section 490 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 490 of BNSS bailable or non-bailable?
Whether Section 490 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 490 of BNSS?
The essential elements of Section 490 of BNSS are: A person is required by a court or officer to execute a bond or bail bond.; The bond or bail bond is not for good behaviour.; The court or officer may permit the person to deposit a sum of money or government promissory notes instead of executing the bond..
Landmark Case Laws
Landmark Judgments under Section 490 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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