When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
Bharatiya Nagarik Suraksha Sanhita
Section 493
Procedure in case of insolvency or death of surety or when a bond is forfeited
Englishहिंदी
⚡ Quick Answer Reference: Section 493 BNSS
- Provision: Section 493 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: When a surety for a bail bond becomes insolvent or dies, or when a bond is forfeited, the court can order the person who demanded the security to provide new security. If this new security is not provided, the court can treat it as if the original order was not followed.
Statutory Content
What does Section 493 of BNSS say?
Indian StandardSection 493, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 493 (India)
Court Pleading StandardSection 493 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/493
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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 493 of BNSS mean?
Plain English Explanation
When a surety for a bail bond becomes insolvent or dies, or when a bond is forfeited, the court can order the person who demanded the security to provide new security. If this new security is not provided, the court can treat it as if the original order was not followed.
Practical Interpretation
This section allows the court to take action when a surety is no longer able to provide security. The court can order the person who demanded the security to provide new security, and if this is not done, the court can proceed as if the original order was not followed.
Core Legal Purpose
The core purpose of this section is to ensure that the court can take action when a surety is no longer able to provide security, and to prevent the original order from being ignored.
Key Legal Elements
- •The surety becomes insolvent or dies, or a bond is forfeited under section 491.
- •The court by whose order the bond was taken, or a Magistrate of the first class, must order the person from whom the security was demanded to furnish fresh security.
- •The new security must be furnished in accordance with the directions of the original order.
- •If the new security is not furnished, the court or Magistrate may proceed as if there had been a default in complying with the original order.
Practical Example
Practical Example of Section 493 BNSS
Rajesh, a businessman, had posted a bail bond for his friend, Amit, who was accused of a crime. However, Rajesh became insolvent and was unable to provide the required security. The court ordered Rajesh to provide new security, but he failed to do so. As a result, the court proceeded as if the original order was not followed, and Amit's bail was revoked.
Common Questions (FAQ)
Frequently Asked Questions about Section 493 BNSS
Q: What is the punishment or consequence under Section 493 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of not furnishing new security is that the court may proceed as if there had been a default in complying with the original order.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it refers to the court and a Magistrate of the first class, who can take action in this situation.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 493 BNSS
What is Section 493 of BNSS?
Section 493 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in case of insolvency or death of surety or when a bond is forfeited". In plain terms: When a surety for a bail bond becomes insolvent or dies, or when a bond is forfeited, the court can order the person who demanded the security to provide new security. If this new security is not provided, the court can treat it as if the original order was not followed.
What is the punishment under Section 493 of BNSS?
Section 493 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 493 of BNSS bailable or non-bailable?
Whether Section 493 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 493 of BNSS?
The essential elements of Section 493 of BNSS are: The surety becomes insolvent or dies, or a bond is forfeited under section 491.; The court by whose order the bond was taken, or a Magistrate of the first class, must order the person from whom the security was demanded to furnish fresh security.; The new security must be furnished in accordance with the directions of the original order..
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