Section 486 BNSS: Declaration by sureties (Formerly Section 441A CrPC)

Section 486 of Bharatiya Nagarik Suraksha Sanhita, 2023: Declaration by sureties

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 486

Section 486 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 441A of the CrPC, 1973) mandates that every person standing as a surety for an accused must furnish a solemn declaration stating the number of persons for whom they have already stood surety.

Mandatory Declaration by Surety: Every person standing surety to an accused person for their release on bail shall declare before the Court the number of persons for whom they have already stood surety, including those under trial.
Curbs Professional / Fake Sureties: Designed to eliminate the menace of professional or fake commercial sureties standing bail for multiple accused across different courts using forged documents.
Perjury Consequence: Furnishing a false declaration under this section exposes the surety to criminal prosecution for perjury under the BNS.

Key Landmark Precedents:

Moti Ram v. State of M.P., (1978) 4 SCC 47: Highlighted the need to reform surety verification to distinguish between genuine community sureties and exploitative commercial middlemen.
State of Maharashtra v. Dahya, 1982 Cri LJ 231: Affirmed that judicial officers must verify surety declarations against court databases to detect repeat professional sureties.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the surety completes the statutory affidavit under Section 486 honestly, disclosing any past family bail bonds; failure to disclose past sureties can lead to rejection of bail bonds and summary perjury notices.