Section 493 BNSS: Procedure in case of insolvency or death of surety or when a bond is forfeited

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 493 BNSS at a Glance

Section 493 BNSS deals with procedure in case of insolvency or death of surety or when a bond is forfeited. It replaced Section 447 CrPC on 1 July 2024.

Was CrPC

Section 447 →

Section 493 BNSS Bare Act Text

493. Procedure in case of insolvency of death of surety or when a bond is forfeited

Procedure in case of insolvency or death of surety or when a bond is forfeited.

When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Source: Section 493, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 493 BNSS in Simple Words

Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Procedure in case of insolvency or death of surety or when a bond is forfeited.

When any surety to a bail bond under the Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of Section 491 BNSS, the Court by whose order such bond was taken, or a Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order.

If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

When Section 493 BNSS Applies

  • Section 493 BNSS applies when any surety to a bail bond under the Sanhita becomes insolvent or dies.
  • Section 493 BNSS also applies when any bond is forfeited under the provisions of Section 491 BNSS.
  • Under Section 493 BNSS, the Court by whose order such bond was taken, or a Magistrate of the first class, may make the order.
  • The order is to the person from whom such security was demanded, to furnish fresh security in accordance with the directions of the original order.
  • If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Example of Section 493 BNSS

A Court orders Ramesh to furnish security by a bail bond with a surety, and Suresh is the surety to that bail bond. Suresh dies. Under Section 493 BNSS, the Court by whose order the bond was taken, or a Magistrate of the first class, may order Ramesh to furnish fresh security in accordance with the directions of the original order. If Ramesh does not furnish such security, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

When Section 493 BNSS Does Not Apply

  • Section 493 BNSS speaks of the insolvency or death of a surety, or of a bond forfeited under Section 491 BNSS. It does not deal with the discharge of sureties, which is the subject of Section 489 BNSS.
  • Section 493 BNSS speaks of fresh security in accordance with the directions of the original order. It does not deal with the power to order sufficient bail when that first taken is insufficient, which is the subject of Section 488 BNSS.

Section 493 BNSS in the CrPC (Previous Law)

Section 493 BNSS replaces Section 447 CrPC from the old criminal code.

From 1 July 2024, Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 447 of the Code of Criminal Procedure, 1973. The heading is the same. Section 493 BNSS reads a surety to a bail bond under this Sanhita where Section 447 CrPC read a surety to a bond under this Code, a rename of Code to Sanhita and a change of form from bond to bail bond under Section 2(1)(d) BNSS. Section 493 BNSS reads section 491 where Section 447 CrPC read section 446. The rest of the text is the same.

View CrPC Section 447 →

FAQs on Section 493 BNSS

When may fresh security be ordered under Section 493 BNSS?▼

Under Section 493 BNSS, fresh security may be ordered when any surety to a bail bond under the Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of Section 491 BNSS.

Who may order fresh security under Section 493 BNSS?▼

Under Section 493 BNSS, the Court by whose order such bond was taken, or a Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order.

What if the fresh security is not furnished under Section 493 BNSS?▼

Under Section 493 BNSS, if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

What changed from Section 447 CrPC to Section 493 BNSS from 1 July 2024?▼

From 1 July 2024, Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 447 of the Code of Criminal Procedure, 1973. The heading is the same. Section 493 BNSS reads a surety to a bail bond under this Sanhita where Section 447 CrPC read a surety to a bond under this Code. Section 493 BNSS reads section 491 where Section 447 CrPC read section 446, and Section 446 CrPC is found in Section 491 BNSS.

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