Section 496 BNSS: Power to Direct Levy of Amount Due on Certain Recognizances

Section 496 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with recovery of an amount due on a bond executed for appearance or attendance before a High Court or Court of Session. It authorizes those courts to direct a Magistrate to levy the amount due.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024.

Text of Section 496 BNSS

496. Power to direct levy of amount due on certain recognizances. The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

Meaning and Scope of Section 496

The provision is a procedural recovery mechanism within Chapter XXXV of the BNSS, which deals with bail and bonds. Its purpose is to enable the High Court or a Court of Session to have the amount due on an appearance or attendance bond levied through a Magistrate instead of requiring the superior court itself to carry out the recovery process.

Provision	Section 496, Bharatiya Nagarik Suraksha Sanhita, 2023
Subject	Power to direct levy of amount due on certain recognizances
Court empowered	High Court or Court of Session
Authority that may be directed	Any Magistrate
Amount concerned	Amount due on a bond for appearance or attendance before the High Court or Court of Session
Corresponding earlier provision	Section 450 of the Code of Criminal Procedure, 1973

Key Elements of Section 496

The power is vested specifically in the High Court or Court of Session.
The superior court may direct any Magistrate to levy the amount due.
The bond must concern appearance or attendance before the High Court or Court of Session.
The section concerns recovery of the amount due under the bond and does not itself create a separate criminal offence.

Meaning of Bond under the BNSS

Section 2(1)(e) of the BNSS defines a bond as a personal bond or an undertaking for release without surety. Section 2(1)(d) separately defines a bail bond as an undertaking for release with surety. Section 496 itself uses the word "bond" in relation to appearance or attendance.

Relationship with Forfeiture and Recovery Provisions

Section 496 should be read in the context of the surrounding provisions on bonds. Section 491 BNSS provides the procedure when a bond has been forfeited, while Section 495 BNSS provides an appeal against orders under section 491. Section 496 then gives the High Court or Court of Session a specific power to direct a Magistrate to levy the amount due on the relevant appearance or attendance bond.

Corresponding Provision under the CrPC, 1973

Section 496 BNSS substantially carries forward the subject previously dealt with by section 450 of the Code of Criminal Procedure, 1973. The operative idea remains that the High Court or Court of Session may use a Magistrate for levy of the amount due on an appearance or attendance bond. For matters governed by the transition and savings provisions, the applicable law should be checked with reference to the date and nature of the proceeding.

Practical Legal Effect

Where an amount becomes due on a bond connected with appearance or attendance before a High Court or Court of Session, the superior court may issue a direction to a Magistrate for levy. The section is therefore concerned with implementation and recovery. The legal basis for forfeiture, the amount recoverable and any opportunity to show cause will depend on the relevant bond and the connected provisions governing forfeiture and recovery.

Note: This page is a general statutory reference. Court practice, transitional provisions and the facts of a particular case may affect the procedure to be followed.