Section 492 of BNSS, 2023 — Cancellation of Bond and Bail Bond

Introduction

Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the cancellation of a bond or bail bond when the bond has been forfeited because of a breach of its conditions.

The provision determines the consequences of such forfeiture and regulates the circumstances in which the person may subsequently be released on a fresh bond.

Meaning of Section 492

Section 492 applies when a person has executed a bond or bail bond for appearance in a case and the bond is subsequently forfeited because a condition of the bond has not been complied with.

Following such forfeiture, the existing bond and the bonds executed by the sureties are cancelled. The provision also deals with the possibility of releasing the person on a fresh personal bond and surety bond.

Statutory Basis

Section 492, BNSS, 2023 — Cancellation of bond and bail bond

The provision is closely connected with Section 491 of BNSS, which prescribes the procedure when a bond has been forfeited.

Essential Elements

1. Bond or Bail Bond for Appearance

Section 492 applies to a bond or bail bond executed for the appearance of a person in a case.

2. Forfeiture of the Bond

The provision operates after the bond has been forfeited because of failure to comply with one of its conditions.

3. Cancellation of the Bond

Once the requirements of the provision are satisfied, the bond executed by the person stands cancelled.

Any bond executed by one or more sureties in that case also stands cancelled.

4. Absence of Sufficient Cause

Where the person has failed to comply with the condition of the bond and there was no sufficient cause for such failure, the person cannot thereafter be released merely on his own bond in that case.

5. Fresh Bond and Surety

The person may, subject to the other provisions of BNSS, be released upon execution of:

• a fresh personal bond; and
• a bond by one or more sufficient sureties.

Procedure

The operation of Section 492 may be understood through the following steps:

1. A person executes a bond or bail bond for appearance in a case.
2. A condition of the bond is breached.
3. The bond is forfeited.
4. The existing bond and applicable surety bonds stand cancelled.
5. The competent authority considers whether there was sufficient cause for the failure.
6. If there was no sufficient cause, release merely on the person’s own bond is restricted.
7. Subject to the other provisions of BNSS, the person may be released upon execution of a fresh personal bond and sufficient surety bond.

Powers of the Court or Police Officer

Section 492 recognises the authority of the police officer or Court before whom the bond was executed.

The competent authority may consider whether sufficient cause existed for the person’s failure to comply with the condition of the bond.

Where fresh release is permitted, the authority may require a fresh personal bond and a bond by one or more sufficient sureties in an amount considered appropriate under the provision and subject to the other requirements of BNSS.

Sufficient Cause

The existence of sufficient cause is relevant when determining the consequences of the person’s failure to comply with the bond condition.

If there was sufficient cause for the failure, the restriction concerning release merely on the person’s own bond does not operate in the same manner.

Where there was no sufficient cause, the person cannot thereafter be released merely on his own bond in that case.

Fresh Personal Bond and Surety

Cancellation of the original bond does not permanently prevent the person from being released.

The proviso to Section 492 permits release on execution of a fresh personal bond together with a bond by one or more sufficient sureties, subject to the other provisions of BNSS.

The fresh bond is separate from the bond that was cancelled following forfeiture.

Relationship with Section 491

Section 491 and Section 492

Section 491 and Section 492 deal with different stages of the consequences arising from forfeiture.

Section 491 provides the procedure to be followed when a bond has been forfeited.

Section 492 deals with the cancellation of the bond and bail bond following such forfeiture and provides for the consequences of the person’s failure to comply with the bond condition.

Thus, the two provisions should be read together when dealing with forfeiture and cancellation of bonds.

BNSS and CrPC

Section 492 of BNSS corresponds to Section 446A of the Code of Criminal Procedure, 1973.

The basic principle has been retained: where a bond is forfeited because of breach of its conditions, the existing bond and the surety bonds are cancelled, subject to the statutory provisions governing subsequent release.

The corresponding BNSS provision should, however, be applied according to the language and structure of BNSS, 2023.

Important Distinctions

Forfeiture and Cancellation

Forfeiture occurs when the conditions of a bond are breached and the statutory procedure for forfeiture is invoked.

Cancellation under Section 492 is the consequence affecting the bond and applicable surety bonds following such forfeiture.

Existing Bond and Fresh Bond

The cancellation of the existing bond does not necessarily prevent further release.

A fresh personal bond and sufficient surety bond may be executed in accordance with the proviso to Section 492 and the other applicable provisions of BNSS.

Bond and Bail Bond

A bond is an undertaking given under the criminal procedure framework, whereas a bail bond is connected with release on bail and the conditions imposed upon such release.

Section 492 specifically addresses both bonds and bail bonds executed for appearance in a case.

Common Confusions

Does cancellation of the bond cancel the criminal case?

No.

Section 492 concerns the bond or bail bond. It does not terminate the criminal proceedings or determine whether the accused is guilty or innocent.

Are surety bonds also cancelled?

Yes.

Where Section 492 applies, the bond executed by the person and the bond executed by one or more sureties in that case stand cancelled.

Can the person be released again after cancellation?

Yes.

Subject to the other provisions of BNSS, the person may be released upon execution of a fresh personal bond and a bond by one or more sufficient sureties.

Is every failure to comply with a bond condition treated identically?

No.

The provision specifically takes into account whether there was sufficient cause for the failure to comply with the condition of the bond.

Example

A person is released on a bail bond requiring him to appear before the Court whenever required. He fails to comply with the condition and the bond is forfeited.

Under Section 492, the existing bond and the bonds executed by his sureties stand cancelled. If there was no sufficient cause for the failure, he cannot thereafter be released in that case merely on his own bond. Subject to the other provisions of BNSS, he may be released upon execution of a fresh personal bond and sufficient surety bond.

Important BNSS Provisions

• Section 491 — Procedure when bond has been forfeited.
• Section 492 — Cancellation of bond and bail bond.
• Section 493 — Procedure in case of insolvency or death of surety or when a bond is forfeited.
• Section 495 — Appeal from orders under Section 491.

Topic at a Glance

• Topic: Cancellation of bond and bail bond
• BNSS Section: Section 492
• Purpose: To provide consequences following forfeiture of a bond or bail bond.
• Trigger: Breach of a condition resulting in forfeiture.
• Effect: The person’s bond and applicable surety bonds stand cancelled.
• Sufficient Cause: Relevant to determining whether the person may subsequently be released merely on his own bond.
• Fresh Release: Possible through a fresh personal bond and sufficient surety, subject to BNSS.
• Corresponding CrPC Provision: Section 446A.

Quick Revision

• Section 492 of BNSS deals with cancellation of bond and bail bond.
• It operates after a bond or bail bond for appearance has been forfeited due to breach of a condition.
• The person’s bond stands cancelled.
• Bonds executed by the sureties also stand cancelled.
• The existence of sufficient cause for the failure is relevant.
• Where there was no sufficient cause, the person cannot thereafter be released merely on his own bond in that case.
• A fresh personal bond with sufficient surety may be furnished, subject to the other provisions of BNSS.
• Section 491 deals with the procedure when a bond has been forfeited.
• Section 492 deals with the cancellation of the bond and bail bond.
• Section 492 corresponds to Section 446A of the CrPC.
• Cancellation of a bond does not mean cancellation of the criminal case.

ALSO READ: Section 491 – Procedure when bond has been forfeited

Conclusion

Section 492 of the BNSS provides the legal consequences of forfeiture of a bond or bail bond following breach of its conditions. It cancels the existing bond and applicable surety bonds while restricting release merely on the person’s own bond where there is no sufficient cause for the failure. At the same time, it permits the possibility of fresh release through a new personal bond and sufficient surety, subject to the other provisions of BNSS.