Section 491 BNSS: Procedure when bond has been forfeited
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 491 BNSS at a Glance
Section 491 BNSS deals with procedure when bond has been forfeited. It replaced Section 446 CrPC on 1 July 2024.
Section 491 BNSS 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.
Source: Section 491, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 491 BNSS in Simple Words
Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure when a bond has been forfeited. Section 491(1)(a) BNSS covers a bond under the Sanhita for appearance, or for production of property, before a Court. Once it is proved to the satisfaction of that Court, or of any Court to which the case was later transferred, that the bond is forfeited, the Court shall record the grounds of the proof. The Court may then call upon any person bound by the bond to pay the penalty or to show cause why it should not be paid. Section 491(1)(b) BNSS covers any other bond under the Sanhita. There the forfeiture may be proved to the satisfaction of the Court that took the bond, any Court to which the case was later transferred, or the Court of any Magistrate of the first class. The same recording of grounds and the same call to pay or show cause then follow.
Under the Explanation, a condition in a bond for appearance before a Court shall be construed as including appearance before any Court to which the case is later transferred. The same is true of a condition for production of property before a Court. Section 491(2) BNSS applies if sufficient cause is not shown and the penalty is not paid. The Court may then proceed to recover the penalty as if it were a fine imposed by that Court under the Sanhita. The proviso covers a penalty that is not paid and cannot be recovered in that manner. The person bound as surety is then liable to imprisonment in civil jail for a term which may extend to six months. That imprisonment is ordered by the Court ordering the recovery of the penalty.
Under Section 491(3) BNSS, after recording its reasons for doing so, the Court may remit any portion of the penalty and enforce payment in part only. Under Section 491(4) BNSS, where a surety to a bond dies before the bond is forfeited, the estate of the surety shall be discharged from all liability in respect of the bond. Section 491(5) BNSS applies where a person who has furnished security under section 125, section 136 or section 401 of the Sanhita is convicted of an offence. The offence must be one whose commission breaches the conditions of that bond, or of a bond executed in lieu of it under section 494 of the Sanhita. A certified copy of the judgment of the Court that convicted the person may then be used as evidence against the surety or sureties in proceedings under Section 491 BNSS. If the certified copy is so used, the Court shall presume that the person committed the offence unless the contrary is proved.
When Section 491 BNSS Applies
- When a bond under the Bharatiya Nagarik Suraksha Sanhita, 2023 is for appearance or production of property before a Court, that Court or any Court to which the case is subsequently transferred may act under Section 491(1)(a) BNSS once it is proved to its satisfaction that the bond has been forfeited.
- For any other bond under the Sanhita, when it is proved to the satisfaction of the Court that took the bond, a transferee Court, or the Court of any Magistrate of the first class that the bond has been forfeited, Section 491(1)(b) BNSS provides that the Court shall record the grounds of such proof and may call upon any bound person to pay the penalty or show cause why it should not be paid.
- Where the person bound does not show sufficient cause and does not pay the penalty, Section 491(2) BNSS provides that the Court may proceed to recover the unpaid amount as if it were a fine imposed by that Court under the Sanhita.
- Under Section 491(3) BNSS, the Court may remit any portion of the penalty and enforce payment in part only, after recording its reasons for doing so.
- If a surety to a bond dies before the bond is forfeited, Section 491(4) BNSS directs that the estate of the deceased surety shall be discharged from all liability in respect of that bond.
- When any person who has furnished security under Section 125, Section 136, or Section 401 BNSS is convicted of an offence that breaches the conditions of the bond, or of a bond executed in lieu of it under Section 494 BNSS, Section 491(5) BNSS allows a certified copy of the conviction judgment to be used as evidence against the surety or sureties, and if so used, the Court shall presume that the offence was committed by that person unless the contrary is proved.
Time Limits Under Section 491 BNSS
- The proviso to Section 491(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 qualifies the fine-recovery rule by providing that when the penalty is not paid and cannot be recovered as a fine, the surety shall be liable by order of the Court ordering recovery to imprisonment in civil jail for a term which may extend to six months.Act text: “imprisonment in civil jail for a term which may extend to six months”
Example of Section 491 BNSS
When Section 491 BNSS Does Not Apply
- The estate of a surety who dies before the bond is forfeited cannot be proceeded against in respect of the bond, because Section 491(4) BNSS discharges that estate from all liability.
Section 491 BNSS in the CrPC (Previous Law)
Section 491 BNSS replaced Section 446 CrPC from 1 July 2024.
Section 446 of the Code of Criminal Procedure, 1973 becomes Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form and no substantive change. Section 491(1) BNSS splits the single paragraph of Section 446(1) CrPC into Section 491(1)(a) BNSS and Section 491(1)(b) BNSS. References to the Code in Section 446(1) CrPC and Section 446(2) CrPC become references to the Sanhita. In Section 491(5) BNSS, the cross-references to Section 106, Section 117, Section 360, and Section 448 CrPC become Section 125, Section 136, Section 401, and Section 494 BNSS.
Each sub-section below names its own source.
FAQs on Section 491 BNSS
Which Courts can act when a bond is forfeited under Section 491 BNSS?▼
Under Section 491(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a bond is for appearance or for production of property before a Court, forfeiture must be proved to the satisfaction of that Court or any Court to which the case has subsequently been transferred. Under Section 491(1)(b) BNSS, for any other bond under the Sanhita, forfeiture may be proved to the satisfaction of the Court that took the bond, a transferee Court, or the Court of any Magistrate of the first class.
When can a surety be sent to civil jail under Section 491(2) BNSS?▼
When sufficient cause is not shown and the penalty is not paid, Section 491(2) BNSS allows the Court to recover the amount as if it were a fine imposed under the Sanhita. Under the proviso to Section 491(2) BNSS, if the penalty remains unpaid and cannot be recovered in that manner, the surety shall be liable, by order of the Court ordering recovery, to imprisonment in civil jail for a term which may extend to six months.
How does a conviction prove breach of a security bond against sureties under Section 491(5) BNSS?▼
When a person who furnished security under Section 125, Section 136, or Section 401 BNSS is convicted of an offence breaching the bond, or a substitute bond under Section 494 BNSS, a certified copy of the conviction judgment may be used as evidence in proceedings under Section 491 BNSS against the surety or sureties. Under Section 491(5) BNSS, if that certified copy is used, the Court shall presume that the offence was committed by that person unless the contrary is proved.
What changed from Section 446 CrPC to Section 491 BNSS from 1 July 2024?▼
Section 491 BNSS, in force from 1 July 2024, retains the substantive rules on bond forfeiture from the Code of Criminal Procedure, 1973 without changing any power, duty, or time limit. All changes are changes of form: the opening provision is divided into Section 491(1)(a) BNSS and Section 491(1)(b) BNSS, references to the Code become references to the Sanhita, and Section 491(5) BNSS updates the internal cross-references to Section 125, Section 136, Section 401, and Section 494 BNSS.
Section 491 BNSS: Sub-sections Explained
Section 491(1) BNSS: Procedure when bond has been forfeited
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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.
Section 491(2) BNSS: Procedure when bond has been forfeited
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Bare Act Text
(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.
Section 491(3) BNSS: Procedure when bond has been forfeited
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Bare Act Text
(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
Section 491(4) BNSS: Procedure when bond has been forfeited
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Bare Act Text
(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.
Section 491(5) BNSS: Procedure when bond has been forfeited
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·