Introduction
Section 494 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the bond required from a child.
The provision recognises that where a Court or officer requires a child to execute a bond, the Court or officer may accept, instead, a bond executed only by one or more sureties.
The provision therefore allows the obligation of furnishing security to be undertaken by the surety or sureties rather than requiring the child to execute the bond personally.
Meaning of Section 494
Section 494 applies when a child is required by a Court or officer to execute a bond.
In such a situation, the Court or officer may accept a bond executed by a surety or sureties alone in place of the child’s bond.
The provision uses the word “may”, making the acceptance of a surety-only bond a discretionary power of the Court or officer.
Statutory Basis
Section 494, BNSS, 2023 — Bond required from child
The provision states that when a person required by a Court or officer to execute a bond is a child, the Court or officer may accept, in lieu of that bond, a bond executed by a surety or sureties only.
Essential Elements
1. The Person Must Be a Child
The provision applies where the person required to execute the bond is a child.
The BNSS uses the term “child” in place of the expression “minor” used in the corresponding CrPC provision.
2. There Must Be a Requirement to Execute a Bond
Section 494 becomes relevant only where a Court or officer requires the person to execute a bond.
3. Court or Officer Has Discretion
The Court or officer may accept a bond executed only by a surety or sureties.
Therefore, the provision gives discretion to the competent authority rather than creating an absolute right in favour of every child.
4. Surety-Only Bond May Be Accepted
Instead of requiring the child to execute the bond personally, the Court or officer may accept a bond executed by:
- one surety; or
- two or more sureties.
The surety or sureties undertake the obligations associated with the bond in accordance with its terms.
Procedure
The procedure under Section 494 can be understood as follows:
- A Court or officer requires a person to execute a bond.
- The person required to execute the bond is a child.
- The Court or officer considers whether to accept a surety-only bond.
- If permitted, the child need not execute the bond personally.
- A bond may instead be executed by one or more sureties.
- The surety or sureties become responsible according to the terms of the bond.
Powers of the Court or Officer
Section 494 gives the Court or officer requiring execution of the bond the power to accept a bond executed by a surety or sureties instead of requiring the child to execute the bond.
This is a discretionary power.
The provision does not require the Court or officer to accept a surety-only bond in every case.
Purpose of the Provision
Section 494 provides procedural flexibility where the person required to execute the bond is a child.
Instead of placing the obligation of executing the bond directly upon the child, the provision permits the security obligation to be undertaken by a surety or sureties.
This facilitates compliance with the bond requirement while taking account of the person’s status as a child.
Important Distinctions
Child and Surety
The child is the person in respect of whom the bond requirement arises.
The surety is the person who may execute the bond in place of the child’s own bond under Section 494.
Personal Bond and Surety Bond
A personal bond is executed by the person who is required to furnish the bond.
Under Section 494, where that person is a child, the Court or officer may accept a bond executed only by a surety or sureties instead.
Discretionary Power and Mandatory Requirement
Section 494 uses the expression “may accept”.
Therefore, acceptance of a surety-only bond is discretionary and is not an automatic statutory entitlement.
BNSS and CrPC
Section 494 of BNSS corresponds to Section 448 of the Code of Criminal Procedure, 1973.
The basic substance of the provision has been retained.
The principal terminology change is that BNSS uses the word “child”, whereas Section 448 of the CrPC referred to a “minor”.
The underlying procedural mechanism remains substantially the same: where a person required to execute a bond is a child, the Court or officer may accept a bond executed by a surety or sureties alone.
Common Confusions
Does the child always have to execute the bond personally?
No.
Section 494 permits the Court or officer to accept a bond executed by a surety or sureties only.
Is acceptance of a surety-only bond mandatory?
No.
The provision uses the word “may”, giving discretion to the Court or officer.
Can more than one surety execute the bond?
Yes.
Section 494 expressly permits a bond to be executed by a surety or sureties.
Does Section 494 eliminate the requirement of security?
No.
It provides an alternative method of furnishing the required security. Instead of the child executing the bond, the bond may be executed by a surety or sureties.
Example
A Court requires a child to execute a bond as part of a procedural order. The Court may, instead of requiring the child to execute the bond personally, accept a bond executed by one or more sureties.
The surety or sureties then undertake the obligations specified in the bond.
Important BNSS Provisions
- Section 485 — Bond of accused and sureties.
- Section 486 — Declaration by sureties.
- Section 489 — Discharge of sureties.
- Section 490 — Deposit instead of recognizance.
- 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 494 — Bond required from child.
- Section 495 — Appeal from orders under Section 491.
Topic at a Glance
- Topic: Bond required from child
- BNSS Section: Section 494
- Person covered: Child required to execute a bond
- Competent authority: Court or officer requiring execution of the bond
- Alternative permitted: Bond executed by a surety or sureties only
- Nature of power: Discretionary
- Corresponding CrPC Provision: Section 448
- Key terminology change: “Minor” under CrPC replaced by “child” under BNSS
Quick Revision
- Section 494 of BNSS deals with bond required from a child.
- It applies when a Court or officer requires a child to execute a bond.
- The Court or officer may accept a bond executed by a surety or sureties only.
- The child therefore need not necessarily execute the bond personally.
- Acceptance of a surety-only bond is discretionary.
- The provision corresponds to Section 448 of the CrPC.
- The CrPC used the term “minor”, whereas BNSS uses “child”.
- Section 494 does not remove the requirement of security; it provides an alternative manner of furnishing it.
ALSO READ: Section 493 – Procedure in case of insolvency or death of surety or when a bond is forfeited
Conclusion
Section 494 of the BNSS provides a specific procedural mechanism for cases where a child is required to execute a bond. It allows the Court or officer to accept a bond executed solely by one or more sureties, thereby providing flexibility in complying with the bond requirement. The provision substantially continues the approach of Section 448 of the CrPC, while adopting the terminology of “child” under the BNSS.
