Introduction
Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the execution of bonds and bail bonds by an accused person and the role of sureties before the accused is released. The provision ensures that a person released on bail remains bound to appear before the police officer or Court at the required time and place.
The section also provides for the inclusion of bail conditions in the bond and lays down the procedure for determining whether the sureties offered by the accused are fit and sufficient.
Statutory Provision
Section 485 — Bond of accused and sureties
(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Meaning of Section 485
Section 485 lays down the requirements relating to the bond or bail bond that must be executed before an accused person is released.
A bond is an undertaking by which the accused agrees to comply with the conditions imposed upon release, particularly the requirement to appear before the concerned authority.
A surety is a person who undertakes responsibility for ensuring compliance with the conditions of the accused’s release. Where sureties are required, they must be sufficient and fit to satisfy the Court.
Statutory Basis
The main statutory provision is Section 485 of the BNSS, 2023.
It is placed under the provisions dealing with bail and bonds and operates along with the other provisions concerning the amount of bonds, declarations by sureties, forfeiture and cancellation of bonds.
Object and Purpose
The main purpose of Section 485 is to ensure that an accused person released on bond or bail bond remains available for the criminal proceedings.
The provision seeks to:
- secure the appearance of the accused;
- ensure compliance with bail conditions;
- regulate the role of sureties;
- provide a mechanism for examining the fitness and sufficiency of sureties; and
- ensure that the accused can be required to appear before the appropriate Court when necessary.
Essential Elements
1. Execution of Bond
Before a person is released on bond or bail bond, a bond for an amount considered sufficient by the police officer or Court must be executed.
The amount must be determined according to the circumstances and the requirements of the case.
2. Sureties
Where the release requires sureties, one or more sufficient sureties must execute the bond.
The sureties undertake responsibility in relation to the accused’s compliance with the requirements of the bond.
3. Attendance of the Accused
The bond must contain a condition requiring the accused to attend at the time and place mentioned in the bond.
The accused must continue to attend until otherwise directed by the police officer or Court.
4. Bail Conditions
Where conditions have been imposed for the release of the accused on bail, those conditions must be included in the bond or bail bond.
This ensures that the conditions imposed by the Court form part of the undertaking given by the accused.
5. Appearance Before the Court
Where required by the circumstances of the case, the bond or bail bond must also bind the accused to appear before the High Court, Court of Session or another Court when called upon to answer the charge.
6. Fitness and Sufficiency of Sureties
The Court may examine whether the sureties offered by the accused are fit and sufficient.
For this purpose, the Court may accept affidavits relating to the facts concerning the fitness or sufficiency of the sureties.
Where necessary, the Court may conduct an inquiry itself or direct a Magistrate subordinate to it to conduct the inquiry.
Procedure
The procedure under Section 485 can be understood in the following manner:
- The accused is permitted to be released on bond or bail bond.
- The accused executes the required bond.
- Where required, one or more sufficient sureties execute the bond.
- The bond contains the requirement that the accused must appear at the specified time and place.
- Any conditions imposed for bail are incorporated into the bond or bail bond.
- Where necessary, the accused is also bound to appear before the relevant Court to answer the charge.
- The Court considers whether the sureties are fit and sufficient.
- The Court may accept affidavits or conduct an inquiry regarding the sureties.
Powers of the Court
The Court has the power to determine whether the sureties offered by the accused are fit and sufficient.
For this purpose, the Court may:
- accept affidavits concerning the fitness or sufficiency of sureties;
- conduct an inquiry itself; or
- direct a Magistrate subordinate to it to conduct an inquiry.
The Court therefore has discretion to determine the appropriate method of verifying the fitness and sufficiency of the sureties.
Important Distinctions
Bond and Bail Bond
A bond is an undertaking executed by the person concerned to comply with specified requirements. A bail bond is connected with the release of an accused person from custody and may involve one or more sureties.
Accused and Surety
The accused is the person who is being released and is directly bound by the conditions of the bond. A surety is a person who undertakes responsibility in relation to the accused’s compliance with the bond.
Fitness and Sufficiency of Surety
Fitness relates to whether the person offered as a surety is suitable to act as a surety.
Sufficiency relates to whether the surety or sureties adequately satisfy the requirements prescribed for the accused’s release.
BNSS and CrPC
Section 485 of the BNSS substantially corresponds to Section 441 of the Code of Criminal Procedure, 1973.
The basic framework has continued under the BNSS. The provision continues to deal with execution of bonds, the obligation of the accused to appear, incorporation of bail conditions and determination of the fitness or sufficiency of sureties.
The major difference is the placement of the provision within the BNSS. The corresponding provision under the CrPC was Section 441, whereas the BNSS contains this provision as Section 485.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 deals primarily with substantive criminal offences.
The Bharatiya Nagarik Suraksha Sanhita, 2023 deals with criminal procedure, including bail, bonds and the release of accused persons.
The Bharatiya Sakshya Adhiniyam, 2023 deals with the law of evidence.
Therefore, where a person is accused of an offence under the BNS, the procedural requirements relating to bail and bonds are governed by the BNSS, while questions relating to evidence are primarily governed by the BSA.
Important BNSS Provisions
- Section 478 — In what cases bail is to be taken.
- Section 480 — When bail may be taken in case of non-bailable offence.
- Section 484 — Amount of bond and reduction thereof.
- Section 485 — Bond of accused and sureties.
- Section 486 — Declaration by sureties.
- Section 487 — Discharge from custody.
- Section 491 — Procedure when bond has been forfeited.
- Section 492 — Cancellation of bond and bail bond.
Common Confusions
Does Section 485 itself grant bail?
No.
Section 485 primarily deals with the execution and requirements of the bond or bail bond after release on bond or bail is contemplated. The provisions governing when bail may be taken are contained in other provisions dealing with bail.
Can the Court examine the sureties?
Yes.
Under Section 485(4), the Court may determine whether the sureties are fit or sufficient. It may accept affidavits or conduct an inquiry itself or through a Magistrate subordinate to it.
Must bail conditions be included in the bond?
Yes.
Where conditions have been imposed for the release of a person on bail, those conditions must also be contained in the bond or bail bond.
Is the accused required to appear whenever the Court calls?
Yes.
Where the bond or bail bond requires such appearance, the person released on bail is bound to appear before the High Court, Court of Session or other Court when called upon to answer the charge.
Topic at a Glance
- Section: 485, BNSS, 2023
- Subject: Bond of accused and sureties
- Purpose: To regulate execution of bonds and bail bonds before release
- Main requirement: The accused must comply with the attendance requirements contained in the bond
- Sureties: One or more sufficient sureties may be required
- Bail conditions: Must be incorporated into the bond or bail bond
- Court’s power: The Court may determine the fitness and sufficiency of sureties
- Inquiry: The Court may conduct an inquiry itself or through a subordinate Magistrate
- Corresponding CrPC provision: Section 441, CrPC, 1973
Quick Revision
- Section 485 BNSS deals with the bond of the accused and sureties.
- The accused must execute the required bond before release on bond or bail bond.
- One or more sufficient sureties may be required.
- The bond requires the accused to attend at the specified time and place.
- Bail conditions imposed for release must be included in the bond or bail bond.
- The bond may require the accused to appear before the High Court, Court of Session or another Court to answer the charge.
- The Court may determine whether the sureties are fit and sufficient.
- The Court may accept affidavits regarding the sureties.
- The Court may conduct an inquiry itself or direct a subordinate Magistrate to conduct the inquiry.
- Section 485 substantially corresponds to Section 441 of the CrPC, 1973.
- Section 486 BNSS separately deals with the declaration by sureties.
ASLO READ: Section 484 – Amount of bond and reduction thereof
Conclusion
Section 485 of the BNSS provides the procedural framework for executing bonds and bail bonds before an accused person is released. It ensures that release from custody is accompanied by an enforceable undertaking to appear and comply with the applicable conditions.
The provision also enables the Court to examine the fitness and sufficiency of sureties. In this way, Section 485 balances the release of an accused person with the need to secure attendance during the criminal proceedings.
