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BNSS, 2023
Start Practicing
BNSSChapter XXXVSection 481
Section481

Bail to require accused to appear before next Appellate Court

AI Assist

Summary

When the trial court or an appellate court releases an accused before the trial ends or before an appeal is disposed, it must make the accused execute a bond to appear before the higher court if that court issues a notice in any appeal or petition against the judgment. The bond remains in force for six months. If the accused fails to appear, the bond is forfeited and the procedure under section 491 follows.

Example

Rohan is granted bail by the trial court before the trial concludes. The court makes him sign a bond promising to appear if a higher court issues a notice in any appeal against the judgment; the bond lasts six months. If Rohan does not appear when called, the bond is forfeited and the procedure under section 491 applies.

Bare Act

Enacted text

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.

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XXXV

Chapter XXXV

Provisions as to Bail And Bonds

In this chapter

  • 478In what cases bail to be taken
  • 479Maximum period for which undertrial prisoner can be detained
  • 480When bail may be taken in case of non-bailable offence
  • 481Bail to require accused to appear before next Appellate Court
  • 482Direction for grant of bail to person apprehending arrest
  • 483Special powers of High Court or Court of Session regarding bail
  • 484Amount of bond and reduction thereof
  • 485Bond of accused and sureties
  • 486Declaration by sureties
  • 487Discharge from custody
  • 488Power to order sufficient bail when that first taken is insufficient
  • 489Discharge of sureties
  • 490Deposit instead of recognizance
  • 491Procedure when bond has been forfeited
  • 492Cancellation of bond and bail bond
  • 493Procedure in case of insolvency or death of surety or when a bond is forfeited
  • 494Bond required from child
  • 495Appeal from orders under section 491
  • 496Power to direct levy of amount due on certain recognizances
Previous · Section 480When bail may be taken in case of non-bailable offenceNext · Section 482Direction for grant of bail to person apprehending arrest