Code: Section 490 BNSS
Deposit as an Alternative to Bond or Bail Bond
When any person is required by any Court or officer to execute a bond or bail
bond, such Court or officer may, except in the case of a bond for good behaviour, permit him
to deposit a sum of money or Government promissory notes to such amount as the Court or
officer may fix in lieu of executing such bond.
Explanation of Section 490 BNSS
Section 490 of the BNSS allows a person, who is required to execute a bond or bail bond, the option to deposit a sum of money or Government promissory notes in place of executing such a bond. This provision offers an alternative to those who may not be able or willing to provide sureties for the bond. The Court or officer has the discretion to fix the amount of money or promissory notes required, except in cases where a bond for good behaviour is required. In such cases, a deposit cannot replace the bond.
Illustration
Example 1: Person Permitted to Deposit Money Instead of Bond
A person is required to execute a bail bond for their appearance in Court. The Court permits them to deposit a sum of money or Government promissory notes, which the Court decides, as an alternative to providing a surety bond. This option allows the person to fulfill the bail condition without needing a surety.
Example 2: Exclusion of Good Behaviour Bond
A person is required to execute a bond for good behaviour. In this case, Section 490 does not allow the person to substitute the bond with a monetary deposit or promissory notes. The requirement to provide the bond for good behaviour remains.
Common Questions and Answers on Section 490 BNSS
1. Can I replace a bond with a money deposit under Section 490 BNSS?
- Answer: Yes, you can replace a bond with a money deposit or Government promissory notes, as long as it is not a bond for good behaviour. The Court or officer will determine the amount required for the deposit.
2. Does this section apply to all types of bonds?
- Answer: No. Section 490 does not apply to bonds for good behaviour. In such cases, a bond must be executed and cannot be substituted with a deposit.
3. How is the amount of money or promissory notes decided?
- Answer: The Court or officer will decide the amount of money or the value of Government promissory notes required, based on the circumstances of the case.
Conclusion
Section 490 of the BNSS provides an alternative for individuals who are required to execute a bond or bail bond. Instead of executing a bond, they can deposit a sum of money or Government promissory notes, as determined by the Court or officer. However, this provision does not apply to bonds required for good behaviour, which must still be executed in the usual manner. This section offers more flexibility for those seeking bail or bond relief under specific circumstances.
