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BNSS, 2023
Start Practicing
BNSSChapter XXXVSection 485
Section485

Bond of accused and sureties

AI Assist

Summary

Before anyone is released on bond or bail bond, the person and one or more sufficient sureties must execute a bond for the sum the police officer or Court thinks sufficient. The bond must include any conditions of release and may also require appearance at higher Courts if the case so demands. The Court may accept affidavits about sureties' fitness or hold an inquiry into their sufficiency.

Example

Priya is arrested after a complaint and the police decide to release her on bond. She and a responsible surety must execute a bond for the sum the police thinks sufficient and promise to attend at the time and place stated in the bond. If the Court doubts the surety, it can accept affidavits or order an inquiry into the surety’s fitness.

Bare Act

Enacted text

(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.

(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

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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 484Amount of bond and reduction thereofNext · Section 486Declaration by sureties