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BNSS, 2023
Start Practicing
BNSSChapter XXXVSection 487
Section487

Discharge from custody

AI Assist

Summary

When a bond or bail bond is executed, the person must be released immediately. If the person is in jail, the court that admits bail issues a release order to the jail officer, who must free them on receipt. This does not force release if the person is lawfully detained for some other matter.

Example

Priya is in jail and her lawyer executes a court‑approved bail bond for her. Once the bond is executed, the court sends a release order to the jail officer and Priya is freed. If she is also being held on a separate warrant or charge, she will not be released under this bond.

Bare Act

Enacted text

(1) As soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.

(2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed.

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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 486Declaration by suretiesNext · Section 488Power to order sufficient bail when that first taken is insufficient