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BNSS, 2023
Start Practicing
BNSSChapter XXXVSection 488
Section488

Power to order sufficient bail when that first taken is insufficient

AI Assist

Summary

If sureties taken for bail were accepted by mistake, fraud, or later become inadequate, the court can issue a warrant to bring the person released on bail back before it. The court may order that person to produce sufficient sureties and, if they fail to do so, may commit them to jail.

Example

Priya is released on bail with two sureties, but one surety later disappears and the security becomes insufficient. The court issues a warrant to bring Priya back, orders her to find sufficient sureties, and commits her to jail when she fails to do so.

Bare Act

Enacted text

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

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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 487Discharge from custodyNext · Section 489Discharge of sureties