Section 490 BNSS: Deposit Instead of Bond or Bail Bond
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) allows a Court or authorised officer, in appropriate cases, to permit a person to deposit money or Government promissory notes instead of executing a bond or bail bond. The provision does not apply to a bond for good behaviour.
| Law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Act Number | 46 of 2023 |
| Section | 490 |
| Subject | Deposit instead of recognizance |
| In force from | 1 July 2024 |
| Key exception | Bond for good behaviour |
Contents
Text of Section 490 BNSS
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.
Meaning and scope of Section 490
The section creates a discretionary alternative to the formal execution of a bond or bail bond. Where the provision applies, the competent Court or officer may allow the person concerned to make a monetary deposit, or deposit Government promissory notes, in an amount fixed by that authority.
The expression "may" is important. Section 490 does not confer an automatic right to substitute every bond with a cash deposit. The Court or officer must decide whether such substitution is appropriate in the circumstances of the case.
The provision expressly excludes a bond for good behaviour. Therefore, where the law requires such a bond, Section 490 cannot be used to replace it with a deposit.
When can deposit be permitted instead of a bond?
Section 490 can operate where a person is required by a Court or officer to execute a bond or bail bond and the competent authority chooses to permit a deposit in its place. The essential elements are:
- there must be a legal requirement to execute a bond or bail bond;
- the permission must come from the Court or officer competent to require the bond;
- the amount of money or Government promissory notes is fixed by that Court or officer; and
- the bond must not be one for good behaviour.
Effect of making the deposit
Once permitted, the deposit stands in lieu of execution of the relevant bond. In practical terms, the person complies with the requirement through the permitted deposit rather than by executing the bond in the usual form.
How Section 490 fits within the BNSS bail framework
Section 490 appears in the sequence of BNSS provisions dealing with bonds, bail bonds and sureties. Nearby provisions address the amount of bond, bonds of accused persons and sureties, declarations by sureties, discharge from custody, insufficient bail and discharge of sureties. Reading Section 490 with these provisions helps clarify that it is a procedural alternative within the wider bail and bond framework.
Frequently asked questions
Is a cash deposit under Section 490 mandatory?
No. The wording of the section gives discretion to the Court or officer. A person may be permitted to deposit money or Government promissory notes, but the section does not make such permission automatic.
Can Section 490 be used for a bond for good behaviour?
No. The section expressly excludes a bond for good behaviour.
Who fixes the amount to be deposited?
The Court or officer permitting the substitution fixes the amount.
When did Section 490 BNSS come into force?
The BNSS came into force on 1 July 2024, subject to the statutory exception concerning the First Schedule entry linked to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Official legal references
For the authoritative statutory text and commencement information, refer to the official Government sources linked in the sidebar.