BNSS Section 492 — Cancellation of bond and bail bond

CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS

Criminal

Summary

If a person fails to appear in court or before a police officer as required by their bond or bail bond, and the bond is forfeited because of that failure, then both the person's own bond and any surety bonds in that case are cancelled. After that, the person cannot be released again on just their own bond in that same case, unless the police officer or court is satisfied that the person had a good reason for not following the bond's condition. However, the person may still be released in that case if they provide a fresh personal bond and a new surety bond for an amount the police officer or court considers sufficient.

Official Text

Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

Related Judgments

  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.10 p.1 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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