What Is BNSS Section 489?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 489: Discharge from custody

(1) As soon as the 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 480 or section 482, 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 was executed.

Brefe Detail

Section 489 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for discharging a person from custody once a bond has been executed. It states that upon execution of the bond, the individual shall be released, and if they are in jail, the court will issue a release order to the jail officer. However, this section clarifies that individuals may still be detained for other matters unrelated to the bond.

Question & Answers

Q1: What happens as soon as the bond is executed?

A1: The person for whose appearance the bond has been executed shall be released.

Q2: What is the court's role if the person is in jail?

A2: The court admitting the person to bail shall issue an order of release to the officer in charge of the jail.

Q3: What must the jail officer do upon receiving the release order?

A3: The jail officer must release the person upon receipt of the order.

Q4: Does this section require the release of individuals detained for other matters?

A4: No, this section does not require the release of any person liable to be detained for matters unrelated to the bond.

Example

1. Scenario: An individual executes a bail bond.
Action: The court issues an order for the individual’s release while they are in jail.
Outcome: The jail officer releases the individual based on the court’s order.

2. Scenario: A person is detained on multiple charges.
Action: They secure a bond for one specific charge.
Outcome: They will only be released for that charge; detention for other charges continues.

Summary

Section 489 establishes the process for discharging individuals from custody upon the execution of a bond. It ensures that individuals are released immediately upon bond execution, provided they are not detained for other matters. The section emphasizes the court's authority to facilitate the release while clarifying that other detentions may still apply.