Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.
Bharatiya Nagarik Suraksha Sanhita
Section 492
Cancellation of bond and bail bond
⚡ Quick Answer Reference: Section 492 BNSS
- Provision: Section 492 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: If a person fails to meet the conditions of their bond or bail bond, the bond and any surety bonds will be cancelled. The person will not be released on their own bond unless a new bond is executed by the sureties.
What does Section 492 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 492 of BNSS mean?
Plain English Explanation
If a person fails to meet the conditions of their bond or bail bond, the bond and any surety bonds will be cancelled. The person will not be released on their own bond unless a new bond is executed by the sureties.
Practical Interpretation
In practice, this section means that if a person fails to appear in court or comply with the conditions of their bond, the bond will be cancelled and they will not be released on their own bond. However, they may be released if a new bond is executed by their sureties.
Core Legal Purpose
The core purpose of this section is to ensure that individuals who fail to comply with the conditions of their bond or bail bond are held accountable and do not take advantage of the system by repeatedly failing to appear or comply.
- •The bond or bail bond must be for the appearance of a person in a case.
- •The bond or bail bond must be forfeited for breach of a condition.
- •The police officer or court must be satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
- •The person must be released upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or court thinks sufficient.
Practical Example of Section 492 BNSS
Rajesh, a defendant in a criminal case, fails to appear in court despite being released on bail. His bail bond is forfeited and cancelled under Section 492 of BNSS. Rajesh will not be released on his own bond unless a new bond is executed by his sureties, Amit and Priya. If Amit and Priya execute a new bond, Rajesh may be released.
Frequently Asked Questions about Section 492 BNSS
Q: What is the punishment or consequence under Section 492 of BNSS?
The punishment or consequence under Section 492 of BNSS is the cancellation of the bond or bail bond and the person's inability to be released on their own bond unless a new bond is executed by their sureties.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have been released on bond or bail in a criminal case.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create a criminal offence. However, the underlying offence for which the person was released on bond or bail may be bailable or cognizable depending on the circumstances.
Common Questions about Section 492 BNSS
What is Section 492 of BNSS?
Section 492 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cancellation of bond and bail bond". In plain terms: If a person fails to meet the conditions of their bond or bail bond, the bond and any surety bonds will be cancelled. The person will not be released on their own bond unless a new bond is executed by the sureties.
What is the punishment under Section 492 of BNSS?
Section 492 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 492 of BNSS bailable or non-bailable?
Whether Section 492 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 492 of BNSS?
The essential elements of Section 492 of BNSS are: The bond or bail bond must be for the appearance of a person in a case.; The bond or bail bond must be forfeited for breach of a condition.; The police officer or court must be satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition..
Landmark Judgments under Section 492 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 492
Ask Nyaya AI About Section 492
Select a pre-configured prompt to run this section through the grounded research engine.