Section 492 BNSS: Cancellation of Bond and Bail Bond

Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the consequence of forfeiture of a bond or bail bond executed for the appearance of a person in a case.

Applicable law: Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023. The Sanhita came into force on 1 July 2024, subject to the notified exception relating to section 106(2).

What Section 492 BNSS provides

Where a bond or bail bond is executed for the appearance of a person in a case and the bond is forfeited because a condition has been breached, Section 492 operates in addition to the procedure for forfeiture under Section 491 BNSS.

Text of Section 492 BNSS

492. Cancellation of bond and bail bond. Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,-

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

Meaning and effect of Section 492

Cancellation follows forfeiture: once the bond or bail bond for appearance is forfeited for breach of a condition, the bond of the person and any surety bond in that case stand cancelled.
Own bond may no longer be enough: if the competent police officer or Court is satisfied that there was no sufficient cause for the failure to comply with the bond condition, the person cannot thereafter be released merely on his own bond in that case.
Fresh security is still possible: the proviso permits release upon execution of a fresh personal bond and one or more fresh surety bonds for amounts considered sufficient by the police officer or Court, subject to the other provisions of the BNSS.
Section 491 remains relevant: Section 492 expressly operates without prejudice to the forfeiture procedure under Section 491.

Important expressions used in the BNSS

Section 2 of the BNSS defines key expressions used in the bail chapter. A bail bond is an undertaking for release with surety, while a bond means a personal bond or an undertaking for release without surety. These definitions help distinguish the two forms of release contemplated by Section 492.

Related provisions

The provisions immediately surrounding Section 492 form part of Chapter XXXV of the BNSS, dealing with bail and bonds. Readers may also refer to Section 491: Procedure when bond has been forfeited, Section 493: Procedure in case of insolvency or death of surety or when a bond is forfeited, and Section 495: Appeal from orders under Section 491.

Official source: For the authoritative text, commencement details and the complete Chapter XXXV, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.

This page is intended as a general legal information resource. For a case-specific question on forfeiture, cancellation, fresh bonds or sureties, the facts and the relevant judicial order should be examined separately.