Sections 484, 485 and 486, BNSS 2023

Section 484(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.

Section 484(2). The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

Section 485(1). Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court thinks sufficient shall be executed by such person, and, when he is released on bail, 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.

Section 486. Every person standing as a surety to an accused person for his release on bail shall make a declaration before the Court as to the number of persons to whom he has stood surety, including the accused, giving therein all the relevant particulars.

⚠ Three practical consequences

An excessive amount is itself a denial of bail. Section 484(1) requires the amount to be fixed with due regard to the circumstances of the case — which means the circumstances of the particular accused: his means, his ties to the community, the nature of the offence — and not by a mechanical figure.

The superior courts can correct it. Section 484(2) permits the High Court or Court of Session to direct that the bail required by a police officer or Magistrate be reduced. That is the remedy where an order of bail has been made worthless by its terms.

A surety may get out. Section 489 permits all or any of the sureties to apply at any time to be discharged, whereupon the accused must find others. A surety is not bound for the life of the case, and the accused should not assume that the arrangement is permanent.

📖 Parvez Noordin Lokhandwalla v. State of Maharashtra, (2020) 10 SCC 77

Facts: A person released on bail was subject to a condition restricting his movement, and applied for permission to travel abroad for a purpose connected with his personal affairs. The application was refused on the footing that any relaxation would undermine the bail order. The Supreme Court considered the nature of bail conditions and the power to modify them.

Held: The Supreme Court held that the conditions imposed on bail must bear a proximate relationship to the purpose of the bail — which is to ensure the presence of the accused at the trial and to prevent him from obstructing the course of justice. A condition must therefore be reasonable and must not be so onerous or impracticable as to defeat the order it accompanies. The Court held that the grant of relief in a bail matter involves a balance between the liberty of the individual and the interests of the administration of justice, and that a court considering an application to relax or modify a condition should examine whether the modification sought is consistent with that purpose — not whether it is convenient to refuse. Where the applicant has a record of compliance, and the modification does not create a real risk to the trial, it should ordinarily be allowed. The Court emphasised that the human circumstances of the applicant are a relevant consideration, and that conditions are not to be applied mechanically.

Ratio: Bail conditions must bear a proximate relationship to the purpose of bail — securing attendance and preventing obstruction. A condition must be reasonable and not so onerous as to defeat the order, and an application to relax it is judged by the same purpose.

Section 491, BNSS 2023 — the substance

(1) Where it is proved to the satisfaction of the Court by which a bond has been taken, or of the Court of a Magistrate of the first class, that a bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita.

And further: the Court may, at its discretion, remit any portion of the penalty and enforce payment in part only.

Section 492 provides for the cancellation of a bond and bail bond; section 493 for the procedure on the insolvency or death of a surety; section 495 gives an appeal from an order under section 491; and section 496 the power to direct levy of the amount due.

📖 Ghulam Mehdi v. State of Rajasthan, AIR 1960 SC 1185

Facts: A bond was declared forfeited and the penalty ordered to be recovered from the surety, without the Court first recording the grounds on which it was satisfied that the bond had been forfeited and without the surety being given an opportunity to show cause.

Held: The Supreme Court held that the provision governing forfeiture prescribes a procedure which must be followed, and that its requirements are not formalities. The Court must first be satisfied, on material, that the bond has been forfeited; it must record the grounds of that proof; and it must then call upon the person bound to pay the penalty or to show cause why it should not be paid. The Court held that an order which does not record the grounds, or which is made without giving the person bound an opportunity to show cause, is bad, since forfeiture carries penal consequences and the person affected is entitled to know the basis on which he is being held liable and to answer it. The Court emphasised that the object of the bond is to secure the attendance of the accused, not to enrich the State, and that the Court retains a discretion to remit any portion of the penalty.

Ratio: Forfeiture requires the Court to be satisfied on material, to record the grounds of that proof, and to call on the person bound to pay or show cause. An order made without recording grounds or without an opportunity to show cause is bad.

⚠ The forfeiture procedure, step by step

Proof of forfeiture. The Court must be satisfied that the bond has been forfeited — typically by the non-appearance of the accused on a date on which he was bound to attend.

Record the grounds. The Court shall record the grounds of such proof. An order which does not is bad.

Call upon the person bound. He must be called on to pay the penalty or to show cause why it should not be paid — and where he is not before the Court, notice must issue.

Record and consider the cause shown. Forfeiture is a judicial order with penal consequences, not an administrative step.

Then recover, or remit. Where sufficient cause is not shown and the penalty is not paid, it may be recovered as a fine — but the Court may remit any portion and enforce payment in part only, the object being to secure attendance rather than to punish the surety.

The position stated shortly

1. Section 484(1): the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive. An excessive amount is itself a denial of bail.

2. Section 484(2): the High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

3. Section 485: the bond is conditioned that the person shall attend at the time and place mentioned and shall continue so to attend until otherwise directed.

4. Section 486: every surety must declare the number of persons to whom he has stood surety, with all relevant particulars — so that a professional surety cannot stand for an unlimited number.

5. Section 488: where sureties are insufficient or become so, the Court may issue a warrant and order the person to find sufficient sureties.

6. Section 489: a surety may at any time apply to be discharged, whereupon the accused must find others. A surety is not bound for the life of the case.

7. Section 490 permits a deposit of money or Government promissory notes instead of a bond, except for a bond for good behaviour; section 494: a child’s bond is executed by his sureties only.

8. Conditions must bear a proximate relationship to the purpose of bail — securing attendance and preventing obstruction — and must not be so onerous as to defeat the order: Parvez Noordin Lokhandwalla.

9. Section 491: on forfeiture the Court must be satisfied on material, must record the grounds, and must call on the person bound to pay or show cause: Ghulam Mehdi.

10. The penalty may then be recovered as a fine — but the Court may remit any portion, the object of the bond being to secure attendance, not to punish the surety. Section 495 gives an appeal.