Introduction
Section 489 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the discharge of sureties who have undertaken responsibility for the attendance and appearance of a person released on bail. It provides a statutory mechanism through which a surety can seek to withdraw from the bail bond.
Meaning of Discharge of Sureties
Discharge of sureties means the release of a surety from the obligations undertaken under a bail bond. A surety may approach a Magistrate and request that the bond be discharged, either completely or to the extent that it relates to that particular surety.
Statutory Basis
Section 489 of BNSS, 2023 provides for the discharge of all or any sureties for the attendance and appearance of a person released on bail.
Essential Elements
1. Application by the Surety
All or any of the sureties may apply to a Magistrate for discharge from the bond.
The application may seek:
- complete discharge of the bond; or
- discharge only to the extent that the bond relates to the applicant surety.
2. Warrant for the Arrest of the Person on Bail
After receiving the application, the Magistrate shall issue a warrant of arrest directing that the person released on bail be brought before the Magistrate.
3. Appearance or Voluntary Surrender
When the person appears before the Magistrate pursuant to the warrant, or voluntarily surrenders, the Magistrate shall direct that the bond be discharged either wholly or to the extent relating to the applicant surety.
4. Requirement of Fresh Sureties
After discharging the existing surety or sureties, the Magistrate shall call upon the person released on bail to find other sufficient sureties.
5. Failure to Provide Fresh Sureties
If the person fails to provide other sufficient sureties, the Magistrate may commit that person to jail.
Procedure
The procedure under Section 489 can be understood as follows:
- A surety applies to the Magistrate for discharge from the bail bond.
- The Magistrate issues a warrant directing that the person released on bail be brought before the Court.
- The person appears pursuant to the warrant or voluntarily surrenders.
- The Magistrate discharges the bond wholly or to the extent relating to the applicant surety.
- The person is required to furnish other sufficient sureties.
- If the person fails to furnish fresh sufficient sureties, the Magistrate may commit the person to jail.
Powers of the Magistrate
The Magistrate has the power to:
- issue a warrant for bringing the person released on bail before the Court;
- discharge the bond wholly or partially;
- require the person to furnish fresh and sufficient sureties;
- commit the person to jail if fresh sufficient sureties are not furnished.
Important Distinction
Discharge of Surety vs Cancellation of Bail
Discharge of a surety does not by itself amount to cancellation of the person’s bail. The provision primarily concerns the withdrawal of the surety from the obligations of the bail bond.
However, if the person released on bail fails to provide fresh sufficient sureties after the existing surety is discharged, the Magistrate may commit that person to jail.
BNSS and CrPC
Section 489 of BNSS corresponds substantially to Section 444 of the Code of Criminal Procedure, 1973.
The basic procedure has been retained under BNSS. A surety can apply for discharge, the Magistrate can require the person released on bail to appear, the existing bond can be discharged, and fresh sufficient sureties can be required.
Example
A is released on bail with B as his surety. Later, B no longer wishes to continue as surety. B may apply to the Magistrate under Section 489 for discharge from the bond.
The Magistrate may issue a warrant to bring A before the Court. Once A appears or voluntarily surrenders, the Magistrate may discharge B from the bond and require A to furnish another sufficient surety. If A fails to do so, the Magistrate may commit A to jail.
Topic at a Glance
- BNSS Section: Section 489
- Subject: Discharge of sureties
- Authority: Magistrate
- Applicant: All or any surety
- Purpose: To allow a surety to withdraw from a bail bond
- Procedure: Application, warrant, appearance or surrender, discharge of bond and furnishing of fresh sureties
- Consequence of failure to furnish fresh sureties: The person may be committed to jail
- Corresponding CrPC provision: Section 444
Quick Revision
- Section 489 BNSS deals with discharge of sureties.
- A surety may apply to a Magistrate for discharge from the bail bond.
- The Magistrate shall issue a warrant to bring the person released on bail before the Court.
- The person may also voluntarily surrender.
- The Magistrate then discharges the bond wholly or to the extent relating to the applicant surety.
- The person must find other sufficient sureties.
- Failure to furnish fresh sufficient sureties may result in commitment to jail.
- Section 489 BNSS substantially corresponds to Section 444 CrPC.
ALSO READ: Section 488 – Power to order sufficient bail when that first taken is insufficient
Conclusion
Section 489 of BNSS protects a surety from being indefinitely bound by a bail undertaking while ensuring that the person released on bail continues to have adequate security for appearance. The provision balances the surety’s right to withdraw with the Court’s need to ensure compliance with bail conditions.
