Section 481 BNSS: Bail to Require Accused to Appear Before Next Appellate Court
Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires an accused person, before conclusion of the trial and before disposal of the appeal, to execute a bond or bail bond for appearance before the higher Court if that Court issues notice in an appeal or petition against the judgment.
- Applies before conclusion of the trial and before disposal of the appeal.
- The trial Court or Appellate Court must require the accused to execute a bond or bail bond.
- The obligation is to appear before the higher Court when notice is issued in an appeal or petition against the judgment.
- The bond remains in force for six months.
- Failure to appear results in forfeiture, with the procedure under Section 491 BNSS applying.
Text of Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023
481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months.
(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.
Meaning and purpose of Section 481 BNSS
The provision creates a continuing obligation on the accused to remain available to the higher Court for a limited period after the trial or appeal. It ensures that, if a higher Court issues notice in proceedings challenging the judgment, the accused can be required to appear without a fresh appearance arrangement having to be created after the lower proceeding has ended.
The statutory period is six months. The requirement is therefore not an indefinite bond for future appearance; it operates for the period expressly fixed by Section 481.
Meaning of "bond" and "bail bond" under BNSS
Accordingly, Section 481 permits the Court to require either a personal undertaking without surety or a bail bond supported by surety, depending on the form directed by the Court.
What happens if the accused does not appear?
Section 481(2) provides that if the accused fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS applies. Section 491 is the provision dealing with the procedure when a bond has been forfeited.
Chapter and statutory context
Section 481 forms part of Chapter XXXV - Provisions as to Bail and Bonds of the Bharatiya Nagarik Suraksha Sanhita, 2023. It sits between Section 480, which deals with bail in non-bailable offences, and Section 482, which deals with directions for grant of bail to a person apprehending arrest.
The BNSS is Act No. 46 of 2023. It was enacted on 25 December 2023 and, subject to the notified exception concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule, came into force on 1 July 2024.
Official legal sources
For the authoritative statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also publishes the official New Criminal Laws page and the commencement notification dated 23 February 2024.
Note: This page is an informational explanation of the statutory provision. For court use, always verify the current official text, applicable notifications, rules, and binding judicial decisions.