Law4u - Made in India

What Is BNSS Section 495?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 495: Procedure in case of insolvency or death of surety or when a bond is forfeited

When any surety to a bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 493, 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 securities 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.

Brefe Detail

Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures to follow when a surety becomes insolvent or dies, or when a bond is forfeited. The court or a first-class magistrate may require the individual to provide fresh securities. If the individual fails to furnish these securities, the court or magistrate may treat this as a default in complying with the original order.

Question & Answers

Q1: What happens if a surety becomes insolvent or dies?

A1: The court or a first-class magistrate may order the person to furnish fresh securities.

Q2: Under which section can a bond be forfeited?

A2: A bond can be forfeited under the provisions of section 493.

Q3: What if the person does not furnish the required fresh securities?

A3: If the security is not furnished, the court or magistrate may proceed as if there had been a default in complying with the original order.

Example

  • Scenario 1: A surety for a bail bond becomes insolvent. The court issues an order for the defendant to provide fresh securities. If the defendant fails to do so, the court treats this as a default.
  • Scenario 2: A surety dies unexpectedly, and the court requires the individual who requested the bond to secure new sureties. If they do not comply, the court may act on the assumption of a default.

Summary

Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the procedures for addressing the insolvency or death of a surety and the forfeiture of bonds. It empowers the court or magistrate to demand fresh securities from the party responsible, and non-compliance is treated as a default.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Javed Akhtar

Advocate Javed Akhtar

Criminal, Civil, Revenue, Cheque Bounce, Domestic Violence

Get Advice
Advocate Akhilesh Soni

Advocate Akhilesh Soni

Anticipatory Bail, Cheque Bounce, Cyber Crime, Domestic Violence, High Court, Succession Certificate, Court Marriage, Bankruptcy & Insolvency, Banking & Finance, Child Custody, Consumer Court, Customs & Central Excise, GST, Family, Criminal

Get Advice
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 Ayub Sha H Diwan

Advocate Ayub Sha H Diwan

Civil, Criminal, Cheque Bounce, Family, Revenue

Get Advice
Advocate Omkar Amandas Kumbhar

Advocate Omkar Amandas Kumbhar

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

Get Advice
Advocate Ashutosh Kumar

Advocate Ashutosh Kumar

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law

Get Advice
Advocate Rameshwar Singh

Advocate Rameshwar Singh

Armed Forces Tribunal, Cheque Bounce, Court Marriage, R.T.I, Breach of Contract

Get Advice
Advocate Mahaveer Singh

Advocate Mahaveer Singh

Anticipatory Bail,Cheque Bounce,Child Custody,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,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.