Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 487: Bond of accused and sureties
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Brefe Detail
Section 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the requirements for bonds related to bail. It specifies that a person must execute a bond for an amount deemed sufficient by the police officer or Court, along with one or more sureties. The bond must include conditions for attendance and may also require the individual to appear in court when summoned. The Court can assess the sufficiency of sureties through affidavits or inquiries.
Question & Answers
Q1: What must be executed before a person is released on bail?
A1: A bond for a sufficient sum of money must be executed by the person, along with one or more sufficient sureties.
Q2: What should the bond contain if any conditions are imposed for release on bail?
A2: The bond shall contain the imposed conditions for the release.
Q3: What additional requirement may the bond include?
A3: The bond may also bind the person to appear in court when called upon to answer the charge.
Q4: How does the Court determine the sufficiency of sureties?
A4: The Court may accept affidavits regarding the sufficiency or may conduct an inquiry itself or through a subordinate Magistrate.
Example
1. Scenario: An individual is granted bail for a non-bailable offense.
Action: The individual executes a bond for ₹50,000 and provides two sureties.
Outcome: The bond includes conditions for the individual's attendance in court.
2. Scenario: A person is released on bail with specific conditions imposed.
Action: The bond executed includes a condition to report to the police weekly.
Outcome: The individual must comply with this condition as part of the bail agreement.
Summary
Section 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the requirements for bonds in bail cases. It mandates that a bond be executed for a sufficient amount, includes necessary conditions, and binds the individual to appear in court. The Court has the authority to evaluate the sufficiency of sureties through affidavits or inquiries, ensuring a thorough assessment before granting bail.
