Law4u - Made in India

What Is BNSS Section 490?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 490: Power to order sufficient bail when that first taken is insufficient

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

Brefe Detail

Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the Court with the authority to address situations where insufficient sureties have been accepted for bail. If it is discovered that the sureties are inadequate—whether due to mistake, fraud, or other reasons—the Court can issue a warrant for the arrest of the individual and require them to provide sufficient sureties. Failure to do so may result in their commitment to jail.

Question & Answers

Q1: What action can the Court take if insufficient sureties are accepted?

A1: The Court may issue a warrant of arrest directing that the person released on bail be brought before it.

Q2: What may the Court require from the individual upon their return?

A2: The Court may order the individual to find sufficient sureties.

Q3: What happens if the individual fails to provide sufficient sureties?

A3: If the individual fails to do so, the Court may commit them to jail.

Q4: Under what circumstances can the Court intervene regarding bail?

A4: The Court can intervene if insufficient sureties have been accepted due to mistake, fraud, or if they later become insufficient.

Example

1. Scenario: An individual is released on bail with insufficient sureties due to an oversight.
Action: The Court discovers the issue and issues a warrant for the individual’s arrest.
Outcome: The individual is brought before the Court and ordered to find sufficient sureties.

2. Scenario: A person initially provides adequate sureties, but later, their financial situation changes.
Action: The Court determines that the sureties are now insufficient.
Outcome: The individual is ordered to find new sureties; failure to comply results in their commitment to jail.

Summary

Section 490 empowers the Court to take necessary actions when insufficient sureties are discovered in relation to bail. It ensures that individuals are held accountable for providing adequate sureties and outlines the consequences of failing to meet these requirements, including potential arrest and commitment to jail.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pushkraj Chejara

Advocate Pushkraj Chejara

Anticipatory Bail, Domestic Violence, High Court, Divorce, Criminal, Cheque Bounce, Civil, Cyber Crime, Labour & Service

Get Advice
Advocate Hitesh Dubey

Advocate Hitesh Dubey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Corporate, GST, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Criminal, Cyber Crime, Domestic Violence, Family, Documentation, Divorce, High Court, Immigration, International Law, Insurance, Labour & Service, Landlord & Tenant, Property, Patent, Motor Accident, Medical Negligence, Media and Entertainment, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue, Customs & Central Excise, NCLT

Get Advice
Advocate Pritam Das

Advocate Pritam Das

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, RERA, Banking & Finance, Child Custody

Get Advice
Advocate M H Ujjammanavar

Advocate M H Ujjammanavar

Anticipatory Bail, Civil, Family, Wills Trusts, Revenue

Get Advice
Advocate Lalit Kumar

Advocate Lalit Kumar

Criminal, Divorce, Family, Anticipatory Bail, Civil, R.T.I, NCLT, Recovery

Get Advice
Advocate Rajnish Sharma

Advocate Rajnish Sharma

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Court Marriage, Corporate, Divorce, Cyber Crime, Domestic Violence, Family, Medical Negligence, Motor Accident, Media and Entertainment, Landlord & Tenant, Insurance, Recovery, Breach of Contract

Get Advice
Advocate M Nagaraj

Advocate M Nagaraj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Child Custody, Civil, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Cheque Bounce, Criminal, Customs & Central Excise, Documentation, Divorce, Cyber Crime, GST, Family, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Recovery, Property, R.T.I, Startup, RERA, NCLT, Succession Certificate, Tax, Wills Trusts, Trademark & Copyright, Revenue

Get Advice
Advocate Piyush Singh

Advocate Piyush Singh

Revenue, Wills Trusts, Trademark & Copyright, Supreme Court, Civil, Cyber Crime, Divorce, Family, High Court, Immigration, Insurance, Media and Entertainment, Patent, Property, Startup, RERA, Recovery, Criminal

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.