What Is BNSS Section 490?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 490: Power to order sufficient bail when that first taken is insufficient

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.

Brefe Detail

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.

Question & Answers

Q1: What action can the Court take if insufficient sureties are accepted?

A1: The Court may issue a warrant of arrest directing that the person released on bail be brought before it.

Q2: What may the Court require from the individual upon their return?

A2: The Court may order the individual to find sufficient sureties.

Q3: What happens if the individual fails to provide sufficient sureties?

A3: If the individual fails to do so, the Court may commit them to jail.

Q4: Under what circumstances can the Court intervene regarding bail?

A4: The Court can intervene if insufficient sureties have been accepted due to mistake, fraud, or if they later become insufficient.

Example

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.

Summary

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.