Section 493 BNSS: Procedure in case of insolvency of death of surety or when bond is forfeited (Formerly Section 447 CrPC)

Section 493 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in case of insolvency of death of surety or when bond is forfeited

Official Bare Act Text

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

When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

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 493

Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 447 of the CrPC, 1973) regulates the procedure upon the insolvency or death of a surety, or when any bond is forfeited under Section 491, requiring the accused to furnish fresh security.

Insolvency, Death, or Forfeiture Trigger: When any surety to a bond becomes insolvent or dies, or when any bond is forfeited under Section 491.
Order for Fresh Security: The Court may order the person from whom such security was demanded to furnish fresh security in accordance with the original order.
Commitment upon Default: If such security is not furnished, the Court may proceed as if there had been default in complying with the original order, committing the person to custody.

Key Landmark Precedents:

Dayal Chand v. State, 1984 Cri LJ 980: The High Court confirmed that upon the death or insolvency of a surety, the court must give the accused reasonable time to produce a replacement surety before cancelling bail.
Ghulam Mehdi v. State of Rajasthan, (1976) 1 SCC 784: Emphasized that forfeiture proceedings against an estate require proper legal notice to the legal representatives.

Courtroom Practice & Strategic Litigation Guidance:

If a surety dies during a protracted trial, notify the court voluntarily under Section 493 and submit replacement surety documents on the same day to prevent non-bailable warrants.