Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 493: Procedure when bond has been forfeited
(1) Where a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.
Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
(5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 496, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
Brefe Detail
This section outlines the procedures to be followed when a bond has been forfeited. It describes the responsibilities of the court in recording the grounds for forfeiture and the implications for sureties, including penalties and potential imprisonment.
Question & Answers
What happens when a bond is forfeited?
When a bond is forfeited, the court records the grounds for forfeiture and may require the person bound by the bond to pay the penalty or show cause why it should not be paid.
What if the penalty is not paid?
If the penalty is not paid and sufficient cause is not shown, the court may recover the penalty as if it were a fine, and the surety may face imprisonment for up to six months.
Can the court remit part of the penalty?
Yes, the court may remit any portion of the penalty after recording its reasons for doing so.
What happens if a surety dies before the bond is forfeited?
If a surety dies before the bond is forfeited, their estate is discharged from all liability regarding the bond.
How is a conviction related to bond conditions handled?
A certified copy of the conviction judgment can be used as evidence against the surety, and the court will presume the offence was committed unless proven otherwise.
Example
1. Situation: A person has provided a bond for their appearance in court.
Action: If they fail to appear, the bond may be forfeited, leading to potential penalties.
2. Situation: A surety provides security for a defendant.
Action: If the defendant breaches bond conditions and is convicted, the surety may face consequences.
Summary
Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for handling forfeited bonds, detailing court procedures, penalties for non-compliance, and the implications for sureties. It establishes the responsibilities of the court and the rights of individuals bound by such agreements.
