(1) Where, — (a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or (b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months. (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only. (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
Bharatiya Nagarik Suraksha Sanhita
Section 491
Procedure when bond has been forfeited
⚡ Quick Answer Reference: Section 491 BNSS
- Provision: Section 491 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: This section explains the procedure when a bond under the Bharatiya Nagarik Suraksha Sanhita is forfeited, including how the court handles proof of forfeiture and recovery of the penalty.
What does Section 491 of BNSS say?
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What does Section 491 of BNSS mean?
Plain English Explanation
This section explains the procedure when a bond under the Bharatiya Nagarik Suraksha Sanhita is forfeited, including how the court handles proof of forfeiture and recovery of the penalty.
Practical Interpretation
In practice, this section provides a framework for courts to follow when a bond is forfeited, ensuring that the penalty is recovered and that sureties are held accountable for their obligations.
Core Legal Purpose
The core purpose of this section is to establish a clear procedure for handling forfeited bonds, ensuring that the legal system can efficiently recover penalties and maintain order.
- •The bond must be under the Bharatiya Nagarik Suraksha Sanhita and forfeited.
- •The court must be satisfied with the proof of forfeiture.
- •The key legal test is whether sufficient cause is shown for not paying the penalty.
- •A key exception is when a surety to a bond dies before the bond is forfeited, discharging their estate from liability.
Practical Example of Section 491 BNSS
Rajesh, a surety for his friend Amit's bond, fails to ensure Amit appears in court. The court forfeits the bond and orders Rajesh to pay the penalty. If Rajesh does not pay, he may face imprisonment in civil jail for up to six months. This scenario illustrates how Section 491 applies when a bond is forfeited due to non-compliance with its conditions.
Frequently Asked Questions about Section 491 BNSS
Q: What is the punishment or consequence under Section 491 of BNSS?
The punishment or consequence under Section 491 includes the recovery of the penalty as if it were a fine, and if the penalty is not paid and cannot be recovered, the surety may be liable to imprisonment in civil jail for a term that may extend to six months.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have furnished security under the Bharatiya Nagarik Suraksha Sanhita, including sureties for bonds.
Q: Is an offence under this section bailable or cognizable?
This section is related to civil proceedings for the recovery of a penalty and does not directly classify an offence as bailable or cognizable. However, related criminal proceedings may have different classifications.
Common Questions about Section 491 BNSS
What is Section 491 of BNSS?
Section 491 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when bond has been forfeited". In plain terms: This section explains the procedure when a bond under the Bharatiya Nagarik Suraksha Sanhita is forfeited, including how the court handles proof of forfeiture and recovery of the penalty.
What is the punishment under Section 491 of BNSS?
Section 491 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 491 of BNSS bailable or non-bailable?
Whether Section 491 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 491 of BNSS?
The essential elements of Section 491 of BNSS are: The bond must be under the Bharatiya Nagarik Suraksha Sanhita and forfeited.; The court must be satisfied with the proof of forfeiture.; The key legal test is whether sufficient cause is shown for not paying the penalty..
Landmark Judgments under Section 491 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 491
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