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 Joginder Pal

Advocate Joginder Pal

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Satendra Barkade

Advocate Satendra Barkade

Family, Revenue, R.T.I, Cyber Crime, Child Custody, Corporate, Cheque Bounce, Criminal

Get Advice
Advocate Dharmesh Jadoun

Advocate Dharmesh Jadoun

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Divorce, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, R.T.I

Get Advice
Advocate Atanu Patra

Advocate Atanu Patra

Anticipatory Bail,Bankruptcy & Insolvency,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Motor Accident,Muslim Law,R.T.I

Get Advice
Advocate Jagannath Kumar

Advocate Jagannath Kumar

Civil, Criminal, Cyber Crime, Property, Wills Trusts, Anticipatory Bail

Get Advice
Advocate Aditi Singh Pawar

Advocate Aditi Singh Pawar

Domestic Violence, Criminal, Divorce, Court Marriage, Child Custody, Cheque Bounce, Consumer Court, R.T.I, Landlord & Tenant, Family, Immigration, Motor Accident

Get Advice
Advocate Pooja

Advocate Pooja

Anticipatory Bail,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,Revenue,

Get Advice
Advocate Maneesh Kumar Nigam

Advocate Maneesh Kumar Nigam

Anticipatory Bail, Cheque Bounce, Criminal, Consumer Court, Divorce, Family, Domestic Violence, Motor Accident, R.T.I

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.