Section 494 BNSS: Bond Required from Child
Section 494 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the manner in which a bond may be furnished when the person required by a Court or officer to execute that bond is a child.
Statutory text of Section 494 BNSS
494. When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.
Meaning of Section 494 BNSS
The provision addresses a practical issue arising when a child is otherwise required to execute a bond under the BNSS. Instead of insisting that the child personally execute the bond, the Court or officer may accept a bond executed only by one or more sureties.
The wording uses the expression "may accept". This indicates that the provision confers discretion on the competent Court or officer to accept a surety-only bond in place of a bond executed by the child.
Key points at a glance
- Section 494 applies when a child is required by a Court or officer to execute a bond.
- The Court or officer may accept a bond executed by a surety or sureties only.
- The provision concerns the form and execution of the bond; it does not by itself create an independent right to bail or release.
- Section 494 appears in Chapter XXXV of the BNSS, which contains provisions relating to bail and bonds.
Meaning of "bond" and "bail bond" under the BNSS
Section 2 of the BNSS distinguishes a bond from a bail bond. A bond is a personal bond or undertaking for release without surety, while a bail bond is an undertaking for release with surety. Section 494 should therefore be read along with the surrounding provisions in Chapter XXXV governing bonds, sureties and bail bonds.
How Section 494 operates in practice
Where another provision of the BNSS requires a person to furnish or execute a bond and that person is a child, Section 494 enables the Court or officer to avoid requiring the child personally to execute that bond. A suitable surety or multiple sureties may instead execute the bond, subject to the order and satisfaction of the competent authority.
The section should not be read in isolation from the order that originally requires the bond. The nature, amount and conditions of the relevant bond will ordinarily depend on the substantive BNSS provision under which the bond is required.
Related provisions in Chapter XXXV
| Section | Subject |
|---|---|
| Section 491 | Procedure when bond has been forfeited |
| Section 492 | Cancellation of bond and bail bond |
| Section 493 | Procedure in case of insolvency or death of surety or when a bond is forfeited |
| Section 494 | Bond required from child |
| Section 495 | Appeal from orders under Section 491 |
| Section 496 | Power to direct levy of amount due on certain recognizances |
Position under the former Code of Criminal Procedure
Before the BNSS came into force, Section 448 of the Code of Criminal Procedure, 1973 dealt with the corresponding subject under the heading "Bond required from minor". Section 494 BNSS now uses the expression "child". The CrPC has been repealed by Section 531 BNSS, subject to the saving provisions for specified pending matters and earlier actions.
Official sources
For the authoritative statutory text and commencement information, refer to the official Government of India sources below:
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- Gazette notification appointing 1 July 2024 as the commencement date
Frequently asked questions
What does Section 494 BNSS provide?
It permits a Court or officer, where a child is required to execute a bond, to accept instead a bond executed by a surety or sureties only.
Does Section 494 itself grant bail?
No. Section 494 regulates execution of a bond where the person required to execute it is a child. Whether bail or release is available depends on the applicable substantive provision and the order of the competent Court or officer.
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the statutory exception notified in relation to the specified entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule.
What was the corresponding CrPC provision?
The corresponding provision under the Code of Criminal Procedure, 1973 was Section 448, titled "Bond required from minor".