Section 486 BNSS: Declaration by Sureties
Section 486 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a person who stands as surety for the release of an accused on bail to disclose before the Court how many persons the surety has already stood for, including the present accused, together with the relevant particulars.
Law status: BNSS, 2023 is in force from July 1, 2024, subject to the notified statutory exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 486 BNSS
486. Declaration by sureties.
Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.
Meaning of Section 486
A surety is a person who undertakes responsibility in connection with the release of an accused on bail. Section 486 introduces a disclosure requirement for such sureties. Before acting as surety, the person must make a declaration before the Court stating the number of persons for whom he or she has stood surety and must include the present accused in that disclosure.
The provision enables the Court to know whether a proposed surety is already standing surety for other accused persons and to examine the relevant particulars while considering the sufficiency and reliability of the surety.
What a Surety Must Declare
- The declaration must be made before the Court.
- It applies to every person standing surety for the release of an accused on bail.
- The surety must state the number of persons for whom he or she has stood surety.
- The present accused must be included in that number.
- Relevant particulars concerning those surety obligations must also be disclosed.
Purpose of the Declaration
Section 486 supports judicial scrutiny of sureties in bail proceedings. The declaration assists the Court in identifying repeated surety arrangements and in assessing whether the person offered as surety is suitable in the circumstances of the case. It should be read with the surrounding BNSS provisions governing bail bonds, sureties, release from custody, insufficiency of bail and discharge of sureties.
Related BNSS Provisions
| BNSS Section | Subject |
|---|---|
| Section 485 | Bond of accused and sureties |
| 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 |
Corresponding Provision under the CrPC
Section 486 BNSS corresponds to Section 441A of the Code of Criminal Procedure, 1973, which also dealt with a declaration by sureties. The wording and basic disclosure requirement are substantially carried forward into the BNSS.
Practical Point for Bail Proceedings
A proposed surety should provide complete and accurate particulars to the Court. The declaration under Section 486 is part of the Court's scrutiny of the surety arrangement and should be read together with the bail bond requirements under Section 485 and the Court's power regarding insufficient sureties under Section 488.
Official Legal Sources
For the authoritative statutory text and official material on the new criminal laws, refer to the official India Code and Ministry of Home Affairs resources linked in the sidebar.