Code: Section 485 BNSS
(1) Before any person is released on bond or bail bond, a bond for such sum of
money as the police officer or Court, as the case may be, thinks sufficient shall be executed
by such person, and, when he is released on bond or bail bond, by one or more sufficient
sureties conditioned that such person shall attend at the time and place mentioned in the
bond, and shall continue so to attend until otherwise directed by the police officer or Court,
as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or
bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released
on bail to appear when called upon at the High Court, Court of Session or other Court to
answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court
may accept affidavits in proof of the facts contained therein relating to the sufficiency or
fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause
an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or
fitness.
Explanation of Section 485 BNSS
Section 485 of the BNSS deals with the procedures surrounding the release of an accused person on bond or bail. It ensures that before any person is granted bail, a bond must be executed, either by the accused alone or with the involvement of one or more sureties. The bond ensures that the accused will appear at the designated time and place.
The section also allows the Court to include specific conditions in the bond, such as the requirement to appear in higher courts like the High Court or Court of Session if necessary.
Further, the Court has the authority to assess the sufficiency and fitness of the sureties through affidavits or an enquiry conducted by the Magistrate if deemed necessary. This process helps ensure that the release on bail is secure and that the accused person will appear as required.
Illustration
Example 1: Execution of Bail Bond
A person is granted bail after being accused of a crime. The police officer determines a sufficient sum for the bond and requires one surety to sign the bond. The person is released from custody under the condition that they appear before the Court on the specified date.
Example 2: Surety Sufficiency Verification
The Court is unsure whether the surety offered is adequate. The Court may request an affidavit from the surety to verify their sufficiency or may direct a subordinate Magistrate to conduct an enquiry.
Common Questions and Answers on Section 485 BNSS
1. What is a bail bond, and why is it required?
- Answer: A bail bond is a written agreement where the accused or a surety agrees to pay a specified sum of money if the accused fails to appear before the Court as required. It ensures the accused’s presence during the trial.
2. Can the Court impose additional conditions on the bail bond?
- Answer: Yes, the Court can impose conditions for the release of the accused on bail, and these conditions must be specified in the bond or bail bond.
3. How does the Court assess the sufficiency of the surety?
- Answer: The Court may accept affidavits from the surety or may conduct an enquiry, either by itself or by a subordinate Magistrate, to ensure the surety’s fitness and sufficiency.
Conclusion
Section 485 of the BNSS outlines the procedures for granting bail and ensuring the presence of the accused in Court. It provides a clear process for executing bail bonds, imposing conditions, and assessing the sufficiency of sureties. This provision aims to balance the accused’s right to freedom with the need to ensure their appearance at Court proceeding.
