Bharatiya Nagarik Suraksha Sanhita

Section 494

Bond required from child

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⚡ Quick Answer Reference: Section 494 BNSS

Provision: Section 494 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO BAIL AND BONDS
Jurisdiction: India
Summary: If a court or officer asks someone to sign a bond and the person is a child, the court or officer can accept a bond signed by a responsible adult instead.

Statutory Content

What does Section 494 of BNSS say?

When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

Indian StandardSection 494, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 494 (India)

Court Pleading StandardSection 494 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 494 of BNSS mean?

Plain English Explanation

If a court or officer asks someone to sign a bond and the person is a child, the court or officer can accept a bond signed by a responsible adult instead.

Practical Interpretation

This section allows courts and officers to be flexible when dealing with children who are required to sign bonds. It helps ensure that children are not unfairly burdened with legal obligations.

Core Legal Purpose

The core purpose of this section is to protect the rights and interests of children by providing an alternative to requiring them to sign bonds, which can be a complex and intimidating process.

Key Legal Elements

•The person required to sign a bond is a child.
•The court or officer has the discretion to accept a bond signed by a surety or sureties instead.
•The surety or sureties must be responsible adults who can guarantee the child's compliance with the bond.
•The court or officer must have the authority to require the child to sign a bond in the first place.

Practical Example

Practical Example of Section 494 BNSS

Rajesh, a 16-year-old, is required by a court to sign a bond as a condition of his bail. However, Rajesh's parents are concerned that he may not fully understand the implications of signing a bond. Under Section 494 of BNSS, the court may accept a bond signed by Rajesh's parents instead, ensuring that Rajesh is not unfairly burdened with legal obligations.

Common Questions (FAQ)

Frequently Asked Questions about Section 494 BNSS

Q: What is the punishment or consequence under Section 494 of BNSS?

There is no punishment or consequence under Section 494 of BNSS. This section is a procedural provision that allows courts and officers to be flexible when dealing with children who are required to sign bonds.

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

This section applies to both private individuals and public entities. It is a general provision that applies to all cases where a child is required to sign a bond.

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

This section is not an offence provision. It is a procedural provision that does not create any criminal liability. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 494 BNSS

What is Section 494 of BNSS?

Section 494 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Bond required from child". In plain terms: If a court or officer asks someone to sign a bond and the person is a child, the court or officer can accept a bond signed by a responsible adult instead.

What is the punishment under Section 494 of BNSS?

Section 494 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 494 of BNSS bailable or non-bailable?

Whether Section 494 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 494 of BNSS?

The essential elements of Section 494 of BNSS are: The person required to sign a bond is a child.; The court or officer has the discretion to accept a bond signed by a surety or sureties instead.; The surety or sureties must be responsible adults who can guarantee the child's compliance with the bond..

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