Introduction
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an alternative to furnishing a recognizance or bond. It allows a person who is required to execute a bond to make a deposit with the Court instead, subject to the conditions prescribed by the provision.
Meaning of Deposit Instead of Recognizance
Deposit instead of recognizance means that, where a person is required to execute a bond or recognizance, the Court may permit that person to deposit a specified amount of money or Government promissory notes in place of executing the bond.
This provision provides a monetary alternative to the requirement of furnishing a recognizance.
Statutory Basis
Section 490 of BNSS, 2023 deals with the deposit of money or Government promissory notes instead of executing a recognizance.
Essential Elements
1. Deposit as an Alternative
Where a person is required to execute a bond or recognizance, the Court may permit the person to deposit money or Government promissory notes instead of executing such bond.
2. Amount of Deposit
The amount deposited must be such as the Court considers appropriate in the circumstances and must satisfy the requirement for which the recognizance was required.
3. Government Promissory Notes
The provision also recognises Government promissory notes as an acceptable form of deposit where the statutory conditions are satisfied.
4. Effect of the Deposit
The deposit serves as an alternative security for compliance with the obligation for which the person was required to execute the recognizance.
Procedure
The procedure may be understood as follows:
- A person is required to execute a bond or recognizance.
- The Court considers whether a deposit may be accepted instead.
- The person deposits the required amount of money or Government promissory notes.
- The deposit operates in place of the required recognizance, subject to the terms of the order.
Purpose of Section 490
The provision provides flexibility in criminal procedure by allowing monetary security to be furnished instead of requiring the person to execute a recognizance in the prescribed form.
It can also facilitate compliance where furnishing a bond or surety may otherwise be inconvenient.
Important Distinction
Deposit Instead of Recognizance vs Surety
A deposit under Section 490 is different from furnishing a surety.
A surety involves another person undertaking responsibility for the appearance or compliance of the person executing the bond. A deposit involves providing money or Government promissory notes as security instead.
BNSS and CrPC
Section 490 of BNSS corresponds to Section 445 of the Code of Criminal Procedure, 1973.
The basic principle has been retained: the Court may permit a person who is required to execute a bond to deposit money or Government promissory notes instead of executing the bond.
Example
Suppose A is required by the Court to execute a bond as part of a criminal proceeding. Instead of executing the required bond, A seeks permission to deposit the required security with the Court.
If the statutory requirements are satisfied, the Court may permit A to deposit the required amount of money or Government promissory notes instead of executing the recognizance.
Topic at a Glance
- BNSS Section: Section 490
- Subject: Deposit instead of recognizance
- Nature: Alternative form of security
- Permitted deposit: Money or Government promissory notes
- Purpose: To provide an alternative to executing a recognizance
- Corresponding CrPC provision: Section 445
Quick Revision
- Section 490 BNSS deals with deposit instead of recognizance.
- It provides an alternative to executing a bond or recognizance.
- The Court may permit the deposit of money or Government promissory notes.
- The deposit operates as security in place of the required recognizance.
- A deposit is different from furnishing a surety.
- Section 490 BNSS substantially corresponds to Section 445 CrPC.
ALSO READ: Section 489 – Discharge of sureties
Conclusion
Section 490 of BNSS provides flexibility in complying with requirements relating to recognizances by permitting an appropriate deposit as an alternative form of security. It avoids making execution of a recognizance the only means of satisfying the Court’s security requirement.
