Bharatiya Nagarik Suraksha Sanhita, 2023
Section 485 BNSS - Bond of Accused and Sureties
Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regulates the execution of a bond or bail bond before a person is released, the incorporation of bail conditions, the obligation to appear before the competent court when required, and the manner in which a court may examine the fitness or sufficiency of sureties.
Current law: The BNSS is Act No. 46 of 2023. It came into force on 1 July 2024, subject to the statutory exception relating to the First Schedule entry connected with section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Meaning and Scope of Section 485 BNSS
Section 485 operates after a person is ordered to be released on bond or bail bond. It prescribes what the accused must execute, when sureties are required, what conditions must be incorporated into the bond, and how the court may verify whether the sureties offered are suitable and sufficient.
Under section 2 of the BNSS, a bail bond is an undertaking for release with surety, while a bond is a personal bond or undertaking for release without surety. These definitions help distinguish release based on the accused's own undertaking from release supported by one or more sureties.
Text of Section 485 - Bond of Accused and Sureties
485. (1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Section 485(1): Execution of Bond or Bail Bond
Before release, the accused must execute the required bond for an amount considered sufficient by the police officer or the court, depending on who is granting release. When sureties are required, one or more sufficient sureties must also execute the bail bond. The essential condition is that the accused will attend at the time and place stated in the bond and continue to attend until otherwise directed.
Section 485(2): Bail Conditions Must Form Part of the Bond
If release on bail is subject to any condition, that condition must be recorded in the bond or bail bond itself. This creates a clear written record of the obligations attached to the grant of bail and helps avoid uncertainty about compliance.
Section 485(3): Appearance Before Higher or Other Courts
Where required by the case, the bond or bail bond may also bind the person released on bail to appear before the High Court, the Court of Session, or another court when called upon to answer the charge. The provision therefore extends the attendance obligation beyond the immediate court when the proceedings require it.
Section 485(4): Fitness and Sufficiency of Sureties
The court may examine whether the proposed sureties are fit and sufficient. For this purpose, it may accept affidavits concerning their fitness or sufficiency. If further verification is considered necessary, the court may conduct an enquiry itself or direct a subordinate Magistrate to make the enquiry.
Practical point: Section 485 should be read with section 484 BNSS, which requires the amount of every bond under the bail chapter to be fixed with due regard to the circumstances of the case and not to be excessive.
Key Requirements at a Glance
- The accused must execute the required bond before release.
- Where a bail bond is required, sufficient sureties must execute it.
- The bond must contain the attendance obligation.
- Any bail condition imposed by the court or police officer must be incorporated into the bond or bail bond.
- The bond may require appearance before the High Court, Court of Session, or another court when called upon.
- The court may verify the fitness and sufficiency of sureties by affidavit or enquiry.
Related BNSS Provisions
| Provision | Subject |
|---|---|
| Section 484 | Amount of bond and reduction thereof |
| Section 486 | Declaration by sureties |
| Section 487 | Discharge from custody |
| Section 488 | Power to order sufficient bail when that first taken is insufficient |
| Section 489 | Discharge of sureties |
| Section 490 | Deposit instead of recognizance |
Official Reference
For the authoritative statutory text, amendments and schedules, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also publishes information and implementation material concerning the new criminal laws at mha.gov.in.
This article is intended for general legal information. The application of bail and bond provisions depends on the facts of the case, the order of the competent court or police officer, and any applicable special law.