Section 494 BNSS: Bond required from child (Formerly Section 448 CrPC)

Section 494 of Bharatiya Nagarik Suraksha Sanhita, 2023: Bond required from child

Official Bare Act Text

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

When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

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 494

Section 494 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 448 of the CrPC, 1973) establishes that when the person required to execute a bond is a child (under 18 years), the Court may accept in lieu thereof a bond executed by a surety or sureties only.

Applicability to Child / Minor: When the person required by any Court or officer to execute a bond is a child under eighteen years of age.
Dispensing with Child's Personal Bond: The Court may accept, in lieu thereof, a bond executed by a surety or sureties only.
Protection of Minor's Legal Incapacity: Conforms to the general law of contract, which declares minors incapable of entering into legally enforceable monetary undertakings.

Key Landmark Precedents:

Hari Ram v. State of Rajasthan, (2009) 13 SCC 211: The Supreme Court noted that special procedural protections for children under the Code ensure that penal liabilities are not fastened on legally incompetent minors.
Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551: Affirmed that minor accused must be treated in accordance with benevolent statutory procedures.

Courtroom Practice & Strategic Litigation Guidance:

In matters involving minor accused or juvenile witnesses required to give security, invoke Section 494 so that parents or guardians execute the surety bond without requiring the child's signature.