Section 492 BNSS: Cancellation of bond and bail bond

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 492 BNSS at a Glance

Section 492 BNSS deals with cancellation of bond and bail bond. It replaced Section 446A CrPC on 1 July 2024.

Was CrPC

Section 446A →

Section 492 BNSS Bare Act Text

492. Cancellation of bond and bail bond

Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

Source: Section 492, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 492 BNSS in Simple Words

Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Cancellation of bond and bail bond. Without prejudice to the provisions of Section 491 BNSS, where a bond or bail bond under the Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled.

Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition. The proviso says that, subject to any other provisions of the Sanhita, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

When Section 492 BNSS Applies

  • Without prejudice to the provisions of Section 491 BNSS, the section speaks of a bond or bail bond under the Sanhita that is for appearance of a person in a case and is forfeited for breach of a condition.
  • In that case, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties shall stand cancelled.
  • Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
  • Under the proviso, subject to any other provisions of the Sanhita, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

Example of Section 492 BNSS

Kavita executes a bond or bail bond for appearance in a case, and Sandeep executes a bond as a surety for Kavita in that case. The bond is forfeited for breach of a condition. Under Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the bond executed by Kavita and the bond executed by Sandeep in that case shall stand cancelled. If the Court for appearance before which the bond was executed is satisfied that there was no sufficient cause for the failure of Kavita to comply with its condition, Kavita shall not thereafter be released only on her own bond in that case.

When Section 492 BNSS Does Not Apply

  • Section 492 BNSS speaks of the cancellation of a bond or bail bond that is forfeited for breach of a condition. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 491 BNSS.

Section 492 BNSS in the CrPC (Previous Law)

Section 492 BNSS replaces Section 446A CrPC from the old criminal code.

Section 492 BNSS has the same heading and the same text as Section 446A CrPC, except that Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC, reads a bond or bail bond under this Sanhita where Section 446A CrPC read a bond under this Code, and reads this Sanhita where Section 446A CrPC read this Code in the proviso. The change to a bond or bail bond is a change of form, because under Section 2(1)(d) BNSS bail bond means an undertaking for release with surety, and under Section 2(1)(e) BNSS bond means a personal bond or an undertaking for release without surety.

View CrPC Section 446A →

FAQs on Section 492 BNSS

When does Section 492 BNSS apply?▼

Without prejudice to the provisions of Section 491 BNSS, Section 492 BNSS applies where a bond or bail bond under the Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition.

What happens to the bonds under Section 492 BNSS when a bond or bail bond for appearance is forfeited?▼

The bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled.

When shall a person not be released only on his own bond under Section 492 BNSS?▼

Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition. Under the proviso, subject to any other provisions of the Sanhita, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

What changed from Section 446A CrPC to Section 492 BNSS from 1 July 2024?▼

From 1 July 2024, Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 446A of the Code of Criminal Procedure, 1973. Section 492 BNSS has the same heading and the same text as Section 446A CrPC, except that Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC, reads a bond or bail bond under this Sanhita where Section 446A CrPC read a bond under this Code, and reads this Sanhita where Section 446A CrPC read this Code in the proviso. The change to a bond or bail bond is a change of form. Under Section 2(1)(d) BNSS, bail bond means an undertaking for release with surety, and under Section 2(1)(e) BNSS, bond means a personal bond or an undertaking for release without surety.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·