Section 490 BNSS: Deposit instead of recognizance (Formerly Section 445 CrPC)

Section 490 of Bharatiya Nagarik Suraksha Sanhita, 2023: Deposit instead of recognizance

Official Bare Act Text

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

When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.

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 490

Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 445 of the CrPC, 1973) permits the Court or officer to allow a person required to execute a bond to deposit a sum of money or Government promissory notes in lieu of executing a surety bond, except in cases of bonds for good behaviour.

Deposit in Lieu of Sureties: When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may permit them to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix.
Exception: Good Behaviour Bonds: Does not apply to bonds for good behaviour under Chapter XI.
Relief for Non-Resident & Foreign Accused: Provides an essential alternative for travelers, foreign nationals, or persons without local property or ties.

Key Landmark Precedents:

State of Maharashtra v. Dahya, 1982 Cri LJ 231: Held that the facility of cash deposit under Section 445 CrPC (Section 490 BNSS) is a valuable statutory protection for outstation or indigent accused unable to produce local property sureties.
Moti Ram v. State of M.P., (1978) 4 SCC 47: Highlighted that procedural alternatives to property sureties prevent unnecessary pre-trial incarceration.

Courtroom Practice & Strategic Litigation Guidance:

For clients who are NRI, foreign nationals, or residents of other States without local connections, apply under Section 490 to deposit fixed cash security or bank guarantees in lieu of property sureties.