- 07-Jul-2025
- public international law
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.
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the Court with the authority to address situations where insufficient sureties have been accepted for bail. If it is discovered that the sureties are inadequate—whether due to mistake, fraud, or other reasons—the Court can issue a warrant for the arrest of the individual and require them to provide sufficient sureties. Failure to do so may result in their commitment to jail.
A1: The Court may issue a warrant of arrest directing that the person released on bail be brought before it.
A2: The Court may order the individual to find sufficient sureties.
A3: If the individual fails to do so, the Court may commit them to jail.
A4: The Court can intervene if insufficient sureties have been accepted due to mistake, fraud, or if they later become insufficient.
1. Scenario: An individual is released on bail with insufficient sureties due to an oversight.
Action: The Court discovers the issue and issues a warrant for the individual’s arrest.
Outcome: The individual is brought before the Court and ordered to find sufficient sureties.
2. Scenario: A person initially provides adequate sureties, but later, their financial situation changes.
Action: The Court determines that the sureties are now insufficient.
Outcome: The individual is ordered to find new sureties; failure to comply results in their commitment to jail.
Section 490 empowers the Court to take necessary actions when insufficient sureties are discovered in relation to bail. It ensures that individuals are held accountable for providing adequate sureties and outlines the consequences of failing to meet these requirements, including potential arrest and commitment to jail.
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