Introduction
Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with deposit instead of recognizance.
The provision permits a Court or officer who requires a person to execute a bond or bail bond to allow that person, in appropriate circumstances, to deposit a specified amount of money or Government promissory notes instead of executing the bond.
This provision does not apply where the bond is required for good behaviour.
Meaning of Section 491
Section 491 provides an alternative to the execution of a bond or bail bond.
Where a person is required by a Court or officer to execute a bond or bail bond, the Court or officer may permit the person to deposit:
- a specified sum of money; or
- Government promissory notes of the amount fixed by the Court or officer.
The deposit is accepted in lieu of executing the bond.
Statutory Basis
Section 491, BNSS, 2023 — Deposit instead of recognizance
The provision applies when a person is required to execute a bond or bail bond.
However, the power to permit a deposit does not extend to a bond for good behaviour.
Essential Elements
1. Requirement to Execute a Bond or Bail Bond
The provision applies where a Court or officer requires a person to execute a bond or bail bond.
2. Power to Permit Deposit
The Court or officer may permit the person to make a monetary or Government promissory note deposit instead of executing the required bond.
The use of the word “may” indicates that this is a discretionary power.
3. Money or Government Promissory Notes
The person may be permitted to deposit:
- a sum of money; or
- Government promissory notes.
The amount is fixed by the Court or officer.
4. Exception for Good Behaviour Bonds
The provision expressly excludes a bond for good behaviour.
Therefore, a person cannot rely upon Section 491 to substitute a deposit for a bond required specifically for good behaviour.
Procedure
The procedure under Section 491 can be understood as follows:
- A Court or officer requires a person to execute a bond or bail bond.
- The Court or officer considers whether a deposit may be accepted instead.
- The Court or officer fixes the amount of money or Government promissory notes.
- The person deposits the required amount or Government promissory notes.
- The deposit is accepted in lieu of execution of the bond.
- The exception concerning bonds for good behaviour continues to apply.
Powers of the Court or Officer
Section 491 gives the Court or officer requiring execution of the bond the discretion to permit a deposit instead.
The authority determines the amount that may be deposited.
The provision therefore does not create an automatic right in every person required to execute a bond to insist upon making a monetary deposit instead.
Exception
Bond for Good Behaviour
The principal limitation under Section 491 is that the provision does not apply to a bond for good behaviour.
Thus, where the law requires a person to execute a bond specifically for maintaining good behaviour, the person cannot substitute the bond by depositing money or Government promissory notes under this section.
Important Distinctions
Bond and Deposit Instead of Bond
A bond is an undertaking executed by the person in accordance with the requirements of criminal procedure.
A deposit under Section 491 is an alternative permitted by the Court or officer in lieu of executing the bond.
Bail Bond and Deposit
A bail bond is connected with release on bail and contains the obligations attached to such release.
Section 491 permits a deposit to be accepted instead of executing a required bond or bail bond, subject to the statutory exception concerning bonds for good behaviour.
Discretionary Power and Automatic Right
Section 491 gives the Court or officer a discretionary power to permit the deposit.
The provision does not make substitution of a bond by a monetary deposit an automatic right of the person required to furnish the bond.
BNSS and CrPC
Section 491 of BNSS corresponds to Section 445 of the Code of Criminal Procedure, 1973.
The basic principle has been retained under BNSS: where a person is required to execute a bond, the Court or officer may, except in the case of a bond for good behaviour, permit a deposit of money or Government promissory notes in lieu of executing the bond.
The BNSS provision therefore substantially continues the earlier CrPC framework.
Common Confusions
Is deposit under Section 491 compulsory?
No.
The Court or officer may permit the deposit. The provision does not create an automatic entitlement.
Can money be deposited instead of every type of bond?
No.
The express exception is a bond for good behaviour.
Who fixes the amount of the deposit?
The Court or officer requiring execution of the bond fixes the amount.
Can Government promissory notes be deposited?
Yes.
Section 491 expressly permits the deposit of Government promissory notes of the amount fixed by the Court or officer.
Example
A Court requires a person to execute a bond or bail bond and fixes the applicable amount. Instead of executing the bond, the person seeks permission to deposit the required amount.
The Court may permit the person to deposit the specified sum of money or Government promissory notes in lieu of executing the bond.
However, if the bond is specifically required for good behaviour, Section 491 cannot be used to substitute the bond with such a deposit.
Important BNSS Provisions
- Section 489 — Discharge of sureties.
- Section 490 — Discharge of sureties.
- Section 491 — Deposit instead of recognizance.
- Section 492 — Procedure when bond has been forfeited.
- Section 493 — Cancellation of bond and bail bond.
- Section 494 — Procedure in case of insolvency or death of surety or when a bond is forfeited.
- Section 495 — Bond required from child.
- Section 496 — Appeal from orders under Section 492.
Topic at a Glance
- Topic: Deposit instead of recognizance
- BNSS Section: Section 491
- Purpose: To permit a deposit in lieu of executing a required bond or bail bond.
- Authority: Court or officer requiring the bond.
- Forms of deposit: Money or Government promissory notes.
- Amount: Fixed by the Court or officer.
- Nature: Discretionary power.
- Exception: Does not apply to a bond for good behaviour.
- Corresponding CrPC Provision: Section 445.
Quick Revision
- Section 491 of BNSS deals with deposit instead of recognizance.
- It applies when a person is required to execute a bond or bail bond.
- The Court or officer may permit a deposit instead of execution of the bond.
- The deposit may consist of money or Government promissory notes.
- The amount is fixed by the Court or officer.
- The power is discretionary, not an automatic right.
- Section 491 does not apply to a bond for good behaviour.
- The corresponding provision under the CrPC was Section 445.
ASLO READ: Section 490 – Deposit instead of recognizance
Conclusion
Section 491 of the BNSS provides a statutory alternative to the execution of a bond or bail bond by permitting, at the discretion of the competent Court or officer, a deposit of money or Government promissory notes. Its principal limitation is that this alternative cannot be used for a bond required for good behaviour.
