Section 496 BNSS: Power to direct levy of amount due on certain recognizances (Formerly Section 450 CrPC)

Section 496 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to direct levy of amount due on certain recognizances

Official Bare Act Text

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

The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

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 496

Section 496 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 450 of the CrPC, 1973) empowers the High Court or Court of Session to direct any Magistrate to levy the amount due on any bond to appear and attend at that superior court.

Superior Court Delegation: The High Court or Court of Session may direct any Magistrate to levy the amount due on any bond for appearance in that Court.
Execution by Magisterial Machinery: The Magistrate levies the amount in the manner provided by Section 491 as if the bond had been executed before the Magistrate.
Enforcement of Superior Court Recognizances: Ensures High Courts and Sessions Courts do not have to manage recovery auctions directly.

Key Landmark Precedents:

K.P. Poulose v. State of Kerala, AIR 1975 SC 1259: Discussed the recovery of forfeited recognizances through subordinate magisterial machinery.
Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688: Reaffirmed the validity of delegating recovery functions to local revenue and magisterial officers.

Courtroom Practice & Strategic Litigation Guidance:

When a superior court directs penalty realization under Section 496, appear before the executing Magistrate and seek time to file a remission application or appeal before the superior bench.