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 R P Raju

Advocate R P Raju

Civil, Cyber Crime, Property, Criminal, Supreme Court

Get Advice
Advocate Gokuldas

Advocate Gokuldas

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Banking & Finance, Civil, Criminal, Customs & Central Excise, Cyber Crime, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Kunwar Sahu

Advocate Kunwar Sahu

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Property, Revenue, Labour & Service

Get Advice
Advocate Daljeet Singh Thakur

Advocate Daljeet Singh Thakur

Anticipatory Bail, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Divorce, Child Custody, Consumer Court, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Succession Certificate

Get Advice
Advocate Shivendra Pratap Singh

Advocate Shivendra Pratap Singh

Criminal,Divorce,Domestic Violence,Family,High Court,

Get Advice
Advocate Debopriyo Roy

Advocate Debopriyo Roy

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

Get Advice
Advocate Ashish Ganguly

Advocate Ashish Ganguly

Bankruptcy & Insolvency, Banking & Finance, Court Marriage, High Court, NCLT

Get Advice
Advocate Rakesh Kumar Yadav

Advocate Rakesh Kumar Yadav

Civil, Consumer Court, Cheque Bounce, Criminal, Cyber Crime, Divorce, Family, Court Marriage, Child Custody, Labour & Service, Motor Accident, Property, R.T.I, Revenue

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.