Section 488 BNSS: Power to order sufficient bail when that first taken is insufficient (Formerly Section 443 CrPC)

Section 488 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to order sufficient bail when that first taken is insufficient

Official Bare Act Text

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

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.

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) Bail Sec 478

Legal Commentary & Landmark Judgments: Section 488

Section 488 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 443 of the CrPC, 1973) empowers the Court to order sufficient bail when through mistake, fraud, or otherwise, insufficient sureties have been accepted or have afterwards become insufficient.

Grounds for Additional Bail: Triggered if through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient (e.g., insolvency, death, property transfer).
Arrest Warrant Authority: The Court may issue a warrant of arrest directing that the person released on bail be brought before it.
Requirement of Fresh Sureties: The Court may order them to find sufficient sureties, and on their failing to do so, may commit them to prison.

Key Landmark Precedents:

State of Maharashtra v. Anand Chintaman Dighe, (1990) 1 SCC 397: The Supreme Court recognized that criminal courts have inherent statutory supervisory control over the sufficiency of bail bonds throughout the pendency of proceedings.
Mohd. Kunju v. State of Karnataka, (1999) 8 SCC 686: Affirmed that before ordering arrest for insufficient surety, the court must give the accused reasonable opportunity to furnish replacement sureties.

Courtroom Practice & Strategic Litigation Guidance:

If a surety passes away or becomes insolvent during trial, proactively file an application under Section 488 offering a substitute solvent surety before the court issues non-bailable arrest warrants.