Section 489 BNSS: Discharge of sureties
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 489 BNSS at a Glance
Section 489 BNSS deals with discharge of sureties. It replaced Section 444 CrPC on 1 July 2024.
Section 489 BNSS Bare Act Text
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
Source: Section 489, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 489 BNSS in Simple Words
Section 489 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the discharge of sureties. Sureties for the attendance and appearance of a person released on bail, whether all of them or only some, may apply to a Magistrate at any time to have the bond discharged. The discharge may be of the whole bond, or only so far as it relates to the applicants.
On such an application, the Magistrate shall issue a warrant of arrest directing that the person released be brought before the Magistrate. When that person appears under the warrant, or surrenders voluntarily, the Magistrate shall direct the bond to be discharged, either wholly or so far as it relates to the applicants. The Magistrate shall also call upon the person to find other sufficient sureties.
If the person fails to find them, the Magistrate may commit the person to jail.
When Section 489 BNSS Applies
- Under Section 489(1) BNSS, all or any sureties for the attendance and appearance of a person released on bail may apply to a Magistrate to discharge the bond.
- The bond may be discharged either wholly or so far as relates to the applicants.
- Under Section 489(2) BNSS, on such application being made, the Magistrate shall issue a warrant of arrest directing that the person so released be brought before the Magistrate.
- Under Section 489(3) BNSS, on the appearance of the person pursuant to the warrant, or on voluntary surrender, the Magistrate shall direct the bond to be discharged and shall call upon the person to find other sufficient sureties.
- If the person fails to find other sufficient sureties, the Magistrate may commit the person to jail.
Time Limits Under Section 489 BNSS
- Section 489(1) BNSS says the sureties may apply at any time.Act text: “may at any time apply to a Magistrate”
Example of Section 489 BNSS
When Section 489 BNSS Does Not Apply
- Section 489(1) BNSS speaks of an application by sureties to a Magistrate. It does not deal with the Court's power to order sufficient bail when that first taken is insufficient, which is the subject of Section 488 BNSS.
- Section 489 BNSS speaks of the discharge of the bond on application by sureties. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 491 BNSS.
Section 489 BNSS in the CrPC (Previous Law)
Section 489 BNSS replaced Section 444 CrPC from 1 July 2024.
Section 489 BNSS has the same heading and the same text as Section 444 CrPC. Section 444(1) CrPC is found in Section 489(1) BNSS, Section 444(2) CrPC in Section 489(2) BNSS and Section 444(3) CrPC in Section 489(3) BNSS.
Each sub-section below names its own source.
FAQs on Section 489 BNSS
Who may apply to discharge the bond under Section 489(1) BNSS?▼
All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
What does the Magistrate do on the application under Section 489(2) BNSS?▼
On such application being made, the Magistrate shall issue a warrant of arrest directing that the person so released be brought before the Magistrate.
What follows under Section 489(3) BNSS on the appearance or voluntary surrender of the person?▼
On the appearance of the person pursuant to the warrant, or on voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon the person to find other sufficient sureties. If the person fails to do so, the Magistrate may commit the person to jail.
What changed from Section 444 CrPC to Section 489 BNSS from 1 July 2024?▼
Section 489 BNSS has the same heading and the same text as Section 444 CrPC. Section 489(1) BNSS, Section 489(2) BNSS and Section 489(3) BNSS read as Section 444(1) CrPC, Section 444(2) CrPC and Section 444(3) CrPC read.
Section 489 BNSS: Sub-sections Explained
Section 489(1) BNSS: Discharge of sureties
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Bare Act Text
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
Section 489(2) BNSS: Discharge of sureties
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Bare Act Text
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
Section 489(3) BNSS: Discharge of sureties
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Bare Act Text
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·