Section 492 BNSS: Cancellation of bond and bail bond (Formerly Section 446A CrPC)

Section 492 of Bharatiya Nagarik Suraksha Sanhita, 2023: Cancellation of bond and bail bond

Official Bare Act Text

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

Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

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 492

Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the automatic cancellation of bond and bail bond upon breach of condition.

Bond Forfeiture on Conviction: When a person bound by a peace or good behaviour bond under this Sanhita is convicted of an offence, the court may cancel the bond and declare the penalty forfeited.
Recovery as Judicial Fine: Where sufficient cause is not shown and penalty is unpaid, the court proceeds to recover the sum as if it were a fine, or commits the surety to civil prison.

Key Landmark Precedents:

Puran v. Rambilas (2001) 6 SCC 338: The Supreme Court held that cancellation of bail is a severe step requiring demonstration of post-bail misconduct, tampering with witnesses, or deliberate breach of bail conditions.
Dolat Ram v. State of Haryana (1995) 1 SCC 349: Settled that very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted, as cancellation touches personal liberty.

Legal Commentary:

Section 492 enforces strict accountability on bail undertakings. If an accused jumps bail or violates a specific travel or witness-contact condition, their bail bond stands cancelled, requiring fresh bail applications with substantial sureties.