Section 489 BNSS: Discharge of sureties (Formerly Section 444 CrPC)

Section 489 of Bharatiya Nagarik Suraksha Sanhita, 2023: Discharge of sureties

Official Bare Act Text

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

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, 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)

Legal Commentary & Landmark Judgments: Section 489

Section 489 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 444 of the CrPC, 1973) permits any surety for the attendance of a person released on bail to apply to the Court at any time to discharge the bond, either wholly or so far as relates to the applicants.

Surety's Unfettered Right of Exit: All or any sureties for the attendance of a person released on bail may at any time apply to the Court to discharge the bond.
Issuance of Arrest Warrant: On such application being made, the Court shall issue a warrant of arrest directing that the bailed person be brought before it.
Discharge of Surety upon Production: On the appearance of the person pursuant to the warrant or voluntary surrender, the Court shall direct the bond to be discharged.
Call for Fresh Sureties: The Court calls upon the accused to find other sufficient sureties, and if they fail, commits them to prison.

Key Landmark Precedents:

Mohd. Kunju v. State of Karnataka, (1999) 8 SCC 686: The Supreme Court held that a surety cannot be compelled to continue on a bail bond against their will; upon moving an application under Section 444 CrPC (Section 489 BNSS), the court is bound to issue process and discharge the surety.
Ghulam Mehdi v. State of Rajasthan, (1976) 1 SCC 784: Affirmed that the surety's liability terminates the moment the accused is produced in court or surrendered.

Courtroom Practice & Strategic Litigation Guidance:

If a client stops communicating with their surety or threatens to abscond, the surety should immediately move an application under Section 489 to discharge the bond and avoid catastrophic financial forfeiture under Section 491.