Section 484 BNSS: Amount of Bond and Reduction Thereof
Section 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regulates the amount of a bond in bail proceedings. It requires the amount to be fixed according to the circumstances of the case and expressly provides that it must not be excessive.
Section 484 BNSS - Bare Provision
484. Amount of bond and reduction thereof.
(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
Meaning and Scope of Section 484
Section 484 is a safeguard against fixing a bond or bail amount at a level that is unreasonable in the circumstances of an individual case. The provision contains two connected rules: first, the authority fixing the bond must consider the circumstances of the case; second, the amount must not be excessive.
The section also gives the High Court and the Court of Session express power to reduce bail that has been required by a police officer or a Magistrate.
Key Legal Requirements Under Section 484
| Provision | Section 484, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Subject | Amount of bond and reduction thereof |
| Basic rule | The bond amount must be fixed with due regard to the circumstances of the case. |
| Statutory limit | The amount must not be excessive. |
| Power to reduce bail | The High Court or Court of Session may reduce bail required by a police officer or Magistrate. |
| Earlier corresponding law | Section 440 of the Code of Criminal Procedure, 1973 |
What Does "Not Excessive" Mean?
The statute does not prescribe a single fixed amount for every accused or every offence. Instead, it requires an individualized assessment. The bond amount should be sufficient for the lawful purpose of securing compliance with the bail process, but it should not be set so high that it becomes disproportionate to the circumstances of the case.
Practical point: Section 484 focuses on the amount of the bond. Other conditions of bail, execution of bonds, sureties, discharge from custody and related matters are governed by the connected provisions of the BNSS.
Reduction of Bail by High Court or Court of Session
Under sub-section (2), where the bail amount required by a police officer or Magistrate is considered too high, the High Court or the Court of Session may direct that it be reduced. The provision thus creates a specific statutory route for correction of an excessive bail amount.
The wording of Section 484 should be read with the wider bail provisions in the same Chapter, including Section 482 on anticipatory bail, Section 483 on special powers of the High Court or Court of Session regarding bail, and Section 485 on bonds of accused persons and sureties.
Section 484 BNSS and Section 440 CrPC
Section 484 BNSS substantially carries forward the rule previously contained in Section 440 of the Code of Criminal Procedure, 1973. Both provisions require the amount of a bond to reflect the circumstances of the case, prohibit an excessive amount, and authorize the High Court or Court of Session to reduce bail required by a police officer or Magistrate.
BNSS Commencement
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed July 1, 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Related BNSS Bail Provisions
- Section 481 - Bail to require accused to appear before next Appellate Court
- Section 482 - Direction for grant of bail to person apprehending arrest
- Section 483 - Special powers of High Court or Court of Session regarding bail
- Section 484 - Amount of bond and reduction thereof
- Section 485 - Bond of accused and sureties
- Section 486 - Declaration by sureties
- Section 487 - Discharge from custody
- Section 488 - Power to order sufficient bail when that first taken is insufficient
- Section 489 - Discharge of sureties
- Section 490 - Deposit instead of recognizance
Frequently Asked Questions
What does Section 484 BNSS provide?
It requires every bond amount under the relevant BNSS Chapter to be fixed with due regard to the circumstances of the case and prohibits an excessive bond amount.
Who can reduce bail under Section 484 BNSS?
The High Court or the Court of Session may direct reduction of bail required by a police officer or Magistrate.
Does Section 484 prescribe a fixed bail amount?
No. The section uses a case-specific standard and requires the amount to be determined with reference to the circumstances of the particular case.
Which CrPC provision corresponds to Section 484 BNSS?
The corresponding provision under the Code of Criminal Procedure, 1973 was Section 440.
Official Legal Sources
For authoritative statutory text and notifications, refer to the official Government of India sources linked in the sidebar. The statutory text should always be checked against the latest official publication when it is being relied upon in a legal proceeding.