Skip to content
Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXV: Provisions As To Bail And Bonds

Section 491 BNSS: Procedure when bond has been forfeited

Corresponding CrPC
Section 446 CrPC

Bare Act text

(1) Where, —

(a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or

(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.

Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita:

Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.

(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.

(5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a bond for appearance or production of property is proved to the Court's satisfaction to be forfeited, or another bond is proved forfeited before the Court that took it or a first class Magistrate, the Court records the grounds and may call on any person bound to pay the penalty or show cause. The section sets out recovery and the Court's power to remit part of the penalty.

Chapter XXXV: Provisions As To Bail And Bonds

  1. 478 In what cases bail to be taken
  2. 479 Maximum period for which under-trial prisoner can be detained
  3. 480 When bail may be taken in case of non-bailable offence
  4. 481 Bail to require accused to appear before next Appellate Court
  5. 482 Direction for grant of bail to person apprehending arrest
  6. 483 Special powers of High Court or Court of Session regarding bail
  7. 484 Amount of bond and reduction thereof
  8. 485 Bond of accused and sureties
  9. 486 Declaration by sureties
  10. 487 Discharge from custody
  11. 488 Power to order sufficient bail when that first taken is insufficient
  12. 489 Discharge of sureties
  13. 490 Deposit instead of recognizance
  14. 491 Procedure when bond has been forfeited
  15. 492 Cancellation of bond and bail bond
  16. 493 Procedure in case of insolvency or death of surety or when a bond is forfeited
  17. 494 Bond required from child
  18. 495 Appeal from orders under section 491
  19. 496 Power to direct levy of amount due on certain recognizances
ShareWhatsAppTelegramLinkedInX