Bharatiya Nagarik Suraksha Sanhita

Section 496

Power to direct levy of amount due on certain recognizances

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⚡ Quick Answer Reference: Section 496 BNSS

Provision: Section 496 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO BAIL AND BONDS
Jurisdiction: India
Summary: This section allows the High Court or Court of Session to order a Magistrate to collect a debt from someone who has not fulfilled their bond obligations to appear or attend court.

Statutory Content

What does Section 496 of BNSS say?

The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

Indian StandardSection 496, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 496 (India)

Court Pleading StandardSection 496 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 496 of BNSS mean?

Plain English Explanation

This section allows the High Court or Court of Session to order a Magistrate to collect a debt from someone who has not fulfilled their bond obligations to appear or attend court.

Practical Interpretation

In practice, this section enables higher courts to enforce bond conditions by directing magistrates to take action against defaulters, ensuring compliance with court orders.

Core Legal Purpose

The core purpose is to provide a legal mechanism for enforcing bond obligations related to court appearances, ensuring that individuals comply with court directives and maintaining the integrity of the judicial process.

Key Legal Elements

•The High Court or Court of Session must issue the direction.
•A Magistrate must be directed to levy the amount due.
•The direction must pertain to a bond for appearance or attendance.
•There is no explicit exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 496 BNSS

Rajesh, who was supposed to appear in the High Court of Mumbai, failed to do so despite being bound by a court order. The High Court, using the power granted under Section 496, directs a Magistrate in Mumbai to collect the amount due from Rajesh for his non-compliance, ensuring that Rajesh faces consequences for not adhering to the court's directives.

Common Questions (FAQ)

Frequently Asked Questions about Section 496 BNSS

Q: What is the punishment or consequence under Section 496 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for enforcing bond obligations.

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

This section applies to individuals who have entered into bonds for appearance or attendance at the High Court or Court of Session, which typically involves private individuals or defendants in legal proceedings.

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

This section does not define an offence in the traditional sense but rather a procedural mechanism. Therefore, it does not classify an offence as bailable or cognizable.

Common Questions about Section 496 BNSS

What is Section 496 of BNSS?

Section 496 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to direct levy of amount due on certain recognizances". In plain terms: This section allows the High Court or Court of Session to order a Magistrate to collect a debt from someone who has not fulfilled their bond obligations to appear or attend court.

What is the punishment under Section 496 of BNSS?

Section 496 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 496 of BNSS bailable or non-bailable?

Whether Section 496 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 496 of BNSS?

The essential elements of Section 496 of BNSS are: The High Court or Court of Session must issue the direction.; A Magistrate must be directed to levy the amount due.; The direction must pertain to a bond for appearance or attendance..

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