Bharatiya Nagarik Suraksha Sanhita, 2023

Section 493 BNSS: Procedure in Case of Insolvency or Death of Surety or When a Bond Is Forfeited

Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the situation where a surety to a bail bond becomes insolvent or dies, or where a bond is forfeited under Section 491. It empowers the competent Court or a Magistrate of the first class to require fresh security and to act on default if the fresh security is not furnished.

In brief: If the original security ceases to be effective because the surety dies or becomes insolvent, or because the bond is forfeited, the person who was required to furnish security may be ordered to provide fresh security on the same terms as the original order. Failure to do so can be treated as a default in complying with that original order.

Text of Section 493 BNSS

493. When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

What Section 493 Means

The provision is designed to preserve the effectiveness of an earlier order requiring security. A bond supported by a surety can lose practical value if that surety dies or becomes insolvent. Likewise, once a bond is forfeited under Section 491 BNSS, the existing security arrangement may no longer satisfy the purpose of the original order.

Section 493 therefore allows the Court that originally required the bond, or a Magistrate of the first class, to direct the person concerned to furnish fresh security. The fresh security must be in accordance with the directions contained in the original order; Section 493 does not itself create a new or independent security obligation unrelated to that order.

When Section 493 Can Be Invoked

  • Insolvency of the surety: the surety is no longer financially capable of effectively supporting the bail bond.
  • Death of the surety: the surety who backed the bail bond dies, making replacement security necessary.
  • Forfeiture of a bond: a bond has been forfeited under Section 491 BNSS.

Who May Require Fresh Security?

The power may be exercised by the Court by whose order the bond was taken or by a Magistrate of the first class. The order for fresh security must follow the directions contained in the original order requiring security.

What Is Meant by Fresh Security?

In practical terms, fresh security means replacement security furnished so that the original judicial requirement continues to be supported despite the death or insolvency of the former surety, or the forfeiture of the existing bond. The nature and extent of the replacement must remain consistent with the original order.

Consequence of Not Furnishing Fresh Security

If fresh security is not furnished as directed, Section 493 authorizes the Court or Magistrate to proceed as though there had been a default in complying with the original order. The legal consequence therefore flows from the original security order and the provisions applicable to default under the Sanhita.

Important: Section 493 should be read with Section 491 where the issue arises from forfeiture of a bond, and with the original order that required the security. The exact procedural consequence in a particular case will depend on the nature of that original order and the surrounding BNSS provisions.

Section 493 at a Glance

Point Position under Section 493 BNSS
Trigger Surety becomes insolvent or dies, or a bond is forfeited under Section 491.
Authority The Court by whose order the bond was taken, or a Magistrate of the first class.
Direction The person from whom security was demanded may be ordered to furnish fresh security.
Standard Fresh security must conform to the directions of the original order.
Failure The authority may proceed as if there had been a default in complying with the original order.

Related BNSS Provisions

For continuity within the chapter, readers may also refer to Section 491 - Procedure when bond has been forfeited, Section 492 - Cancellation of bond and bail bond, Section 494 - Bond required from child, Section 495 - Appeal from orders under Section 491, and Section 496 - Power to direct levy of amount due on certain recognizances.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its provisions were brought into force from 1 July 2024, subject to the notified exception concerning the First Schedule entry related to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.