BNSS Section 493 — Procedure in case of insolvency or death of surety or when a bond is forfeited

Summary

If a person who stood as a surety for a bail bond becomes bankrupt or dies, or if the bond itself is forfeited under section 491, the court that ordered the bond or a first-class magistrate can order the person who had to provide the security to give fresh security as per the original order. If that person does not provide the new security, the court or magistrate can take the same action as if the original order had not been followed.

Official Text

When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §447 — Procedure in case of insolvency or death of surety or when a bond is forfeited