Procedure when bond has been forfeited.
What this section does
When a bond under the Sanhita is forfeited, the Court must record grounds of proof and may call upon the person bound to pay the penalty or show cause. If sufficient cause is not shown and penalty is not paid, the Court may recover it as a fine, and a defaulting surety may be imprisoned in civil jail for up to six months. The Court may remit any portion of the penalty, and a surety's estate is discharged on his death before forfeiture.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Magistrate of the first class · Surety · Person bound by bond
- Time limit
- Civil jail imprisonment for surety may extend to six months where penalty cannot be recovered
Practitioner note
Courts have held that the show-cause proceeding under this section is quasi-criminal in nature and the surety must be given a reasonable opportunity to be heard before penalty is enforced.
Derived from CrPC s.446.
Read the official text
For the binding statutory text of BNSS Section 491, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 491 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.