Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 494: Cancellation of bond and bail bond
Without prejudice to the provisions of section 493, where a bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition:
- (a) The bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and
- (b) Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:
Provided that subject to any other provisions of this Sanhita, he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.
Brefe Detail
Section 494 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the cancellation of bonds in cases of breach of conditions. If a bond is forfeited, both the person's bond and their sureties' bonds are cancelled. The individual cannot be released solely on their bond if the court or police officer determines there was no valid reason for the breach. However, they may be allowed to be released if they provide a new personal bond and appropriate sureties.
Question & Answers
Q1: What happens when a bond is forfeited under Section 494?
A1: Both the bond executed by the person and any bonds executed by their sureties are cancelled.
Q2: Can a person be released solely on their own bond after a breach?
A2: No, they cannot be released only on their own bond if there was no sufficient cause for the failure to comply with the bond's conditions.
Q3: Is there any possibility of release after a bond is cancelled?
A3: Yes, the person may be released upon executing a fresh personal bond and securing a bond from one or more sureties deemed sufficient by the police officer or court.
Example
- Scenario 1: A person is required to appear in court but fails to do so without a valid reason. The bond is forfeited, and both their bond and the sureties' bonds are cancelled. They cannot be released on their own bond but can be if they obtain a new bond and sureties.
- Scenario 2: A defendant appears in court but misses a scheduled date due to an emergency. If the court finds this a sufficient cause, the bond may not be cancelled, allowing them to remain on bail.
Summary
Section 494 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the cancellation of bonds when conditions are breached. It stipulates the cancellation of both the individual's bond and any sureties. The individual cannot be released solely on their bond if there is no sufficient cause for their failure to appear but may obtain release through a new bond and sureties.
