Section 489 BNSS: Discharge of Sureties
Section 489 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure by which one or more sureties for a person released on bail may ask a Magistrate to discharge their obligation under the bail bond.
Text of Section 489 BNSS
489. Discharge of sureties.
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
Meaning of Section 489 BNSS
A surety undertakes responsibility for the attendance and appearance of a person who has been released on bail. Section 489 gives the surety a statutory method to withdraw from that continuing obligation. The provision can be invoked by all sureties together or by one or more sureties individually.
The discharge is not completed merely by filing an application. The person released on bail must be brought before the Magistrate, either pursuant to the warrant contemplated by sub-section (2) or by voluntary surrender. The Magistrate then discharges the existing bond, wholly or to the extent concerning the applicant sureties, and requires fresh sufficient sureties.
Procedure for Discharge of a Surety
- Application by surety: Any or all sureties may apply to the Magistrate for discharge of the bail bond.
- Warrant for production: On the application, the Magistrate is required by the section to issue a warrant directing that the person released on bail be brought before the Court.
- Appearance or surrender: The person may be produced under the warrant or may voluntarily surrender before the Magistrate.
- Discharge of bond: The Magistrate discharges the bond wholly or so far as it concerns the applicant surety or sureties.
- Fresh sureties: The person must furnish other sufficient sureties.
- Failure to furnish sureties: If sufficient replacement sureties are not furnished, the Magistrate may commit the person to jail.
Who Can Apply Under Section 489?
The application may be made by all sureties or by any individual surety who has executed the bond for the attendance and appearance of a person released on bail. The section expressly permits discharge either of the entire bond or only to the extent relating to the applicant surety or sureties.
Effect of Discharge of Surety
Once the bond is discharged in relation to a surety, that surety is no longer bound by that particular bail bond. However, the person released on bail does not automatically obtain an unconditional right to remain at liberty without replacement sureties. The Magistrate is required to call upon that person to furnish other sufficient sureties.
Section 489 BNSS and Old Section 444 CrPC
Section 489 BNSS substantially corresponds to Section 444 of the Code of Criminal Procedure, 1973, which also dealt with discharge of sureties. The structure and operative procedure are materially the same: application by the surety, production or surrender of the person released on bail, discharge of the bond, and furnishing of fresh sufficient sureties.
| Subject | BNSS, 2023 | Earlier CrPC, 1973 |
|---|---|---|
| Discharge of sureties | Section 489 | Section 444 |
| Insufficient sureties | Section 488 | Section 443 |
| Deposit instead of recognizance | Section 490 | Section 445 |
Related BNSS Provisions
- Section 481 - Bail to require accused to appear before next Appellate Court
- Section 482 - Direction for grant of bail to person apprehending arrest
- Section 483 - Special powers of High Court or Court of Session regarding bail
- Section 484 - Amount of bond and reduction thereof
- 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 490 - Deposit instead of recognizance
Official Sources
For the authoritative statutory text and commencement notification, refer to the official Government of India sources:
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- Ministry of Home Affairs - BNSS commencement notification
This page is intended for general legal information. The application of bail and surety provisions depends on the facts and orders in the particular case.