PROVISIONS AS TO BAIL AND BONDS
CHAPTER XXXV
478. In what cases bail to be taken
479. Maximum period for which undertrial prisoner can be detained
480. When bail may be taken in case of non-bailable offence
481. Bail to require accused to appear before next Appellate Court
482. Direction for grant of bail to person apprehending arrest
483. Special powers of High Court or Court of Session regarding bail
484. Amount of bond and reduction thereof
485. Bond of accused and sureties
486. Declaration by sureties
487. Discharge from custody
488. Power to order sufficient bail when that first taken is insufficient
489. Discharge of sureties
490. Deposit instead of recognizance
491. Procedure when bond has been forfeited
492. Cancellation of bond and bail-bond
493. Procedure in case of insolvency or death of surety or when a bond is forfeited
494. Bond required from child
495. Appeal from orders under Section 491
496. Power to direct levy of amount due on certain recognizances
CONTENTS
Chapter XXXV: Provisions as to Bail and Bonds – Basic Prelims Questions with Answers in the End.
Q1. Under Section 478, if a person accused of a bailable offence is indigent and unable to furnish surety, the Court shall:
A) Keep him in judicial custody
B) Discharge him on his executing a bond without sureties
C) Demand a lower surety amount
D) Refer the case to the High Court
Q2. For the purposes of Section 478, a person is deemed "indigent" if he is unable to give bail within:
A) Three days of his arrest
B) Seven days of his arrest
C) Fourteen days of his arrest
D) Thirty days of his arrest
Q3. According to Section 479(1), a person who is a first-time offender (never convicted before) shall be released on bail if he has undergone detention for:
A) One-half of the maximum period of imprisonment
B) One-third of the maximum period of imprisonment
C) One-fourth of the maximum period of imprisonment
D) Two-thirds of the maximum period of imprisonment
Q4. The provisions of Section 479 regarding the release of undertrial prisoners do NOT apply to offences punishable with:
A) Imprisonment for ten years
B) Life imprisonment
C) Death sentence
D) Both B and C
Q5. Under Section 480(1), a person accused of a non-bailable offence shall NOT be released on bail by a Magistrate if there are reasonable grounds for believing he is guilty of an offence punishable with:
A) Seven years or more
B) Death or imprisonment for life
C) Ten years or more
D) Fine only
Q6. Which category of persons may be released on bail by a Magistrate even if the offence is punishable with death or life imprisonment under Section 480(1)?
A) A child under 18 years
B) A woman
C) A sick or infirm person
D) All of the above
Q7. Section 480(3) mandates that when bail is granted for an offence punishable with 7 years or more, the Court must impose a condition that the person shall not:
A) Leave the district
B) Commit an offence similar to the one he is accused of
C) Contact any relative
D) Change his legal counsel
Q8. If a trial for a non-bailable offence before a Magistrate is not concluded within ________ days from the first date fixed for taking evidence, the accused in custody shall be released on bail under Section 480(6).
A) Thirty days
B) Sixty days
C) Ninety days
D) One hundred and twenty days
Q9. Under Section 481, an accused is required to execute a bond to appear before the higher Court in case of an appeal. For how long shall this bond be in force?
A) Three months
B) Six months
C) One year
D) Until the end of the trial
Q10. Section 482 of the BNSS provides for the grant of bail to a person apprehending arrest, commonly known as:
A) Regular Bail
B) Interim Bail
C) Anticipatory Bail
D) Transit Bail
Q11. Which of the following Courts is NOT empowered to grant anticipatory bail under Section 482?
A) High Court
B) Court of Session
C) Chief Judicial Magistrate
D) All of the above have power
Q12. Anticipatory bail under Section 482 cannot be granted to a person accused of an offence under which sections of the BNS, 2023?
A) Section 103 (Murder)
B) Section 303 (Theft)
C) Section 65 and Section 70(2) (Rape of a minor)
D) Section 111 (Organised Crime)
Q13. Under Section 483, the High Court or Court of Session must give notice of a bail application to the Public Prosecutor within ________ days if the offence is under Section 65 or 70(2) of BNS.
A) Seven days
B) Ten days
C) Fifteen days
D) Thirty days
Q14. In an application for bail under Section 65 or 70(2) of BNS, the presence of ________ is mandatory during the hearing under Section 483(2).
A) The accused
B) The Investigating Officer
C) The informant or authorised person
D) The District Magistrate
Q15. Section 484 provides that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be:
A) Less than ten thousand rupees
B) Excessive
C) More than the fine amount
D) Refundable
Q16. Under the newly inserted Section 486, every person standing as a surety must make a declaration regarding:
A) His total bank balance
B) His educational qualifications
C) The number of persons to whom he has already stood surety
D) His relationship with the victim
Q17. When an accused has been released on bail, the Court may, under Section 488, order ________ if it later finds the bail was taken based on a mistake or fraud.
A) Immediate acquittal
B) Sufficient bail or committal to custody
C) A fine on the police officer
D) The trial to be stayed
Q18. According to Section 489, a surety may apply to a Magistrate to ________ at any time.
A) Increase the bond amount
B) Discharge the bond so far as relates to himself
C) Change the name of the accused
D) Postpone the trial
Q19. Under Section 490, a person may be permitted to deposit a sum of money in lieu of executing a bond, EXCEPT when the bond is for:
A) Appearance in Court
B) Good behaviour
C) Payment of fine
D) Production of documents
Q20. When a bond for appearance is forfeited, the person bound by it shall be liable to pay a penalty. Under Section 491(3), the Court may:
A) Only recover the full amount
B) Remit any portion of the penalty and enforce payment in part only
C) Sentence the person to rigorous imprisonment
D) Forfeit the person's passport
Q21. If a penalty on a forfeited bond is not paid and cannot be recovered by attachment and sale, the person is liable to imprisonment in a civil jail for up to:
A) One month
B) Three months
C) Six months
D) One year
Q22. Under Section 492, if a bond is forfeited for breach of a condition, the bond of the accused and his sureties shall:
A) Remain valid for 30 days
B) Stand cancelled
C) Be doubled in value
D) Be transferred to the High Court
Q23. If a surety to a bond becomes insolvent or dies, the Court may, under Section 493, order the person from whom such security was demanded to:
A) Be acquitted
B) Furnish fresh security
C) Pay a fine
D) Appear before the Governor
Q24. According to Section 494, when the person required to execute a bond is a child, the bond shall be executed:
A) By the child himself
B) By the child and his parents
C) Only by his sureties
D) By the Probation Officer
Q25. An appeal against an order passed by a Magistrate under Section 491 (forfeiture of bond) lies to:
A) The High Court
B) The Court of Session
C) The District Magistrate
D) No appeal lies
Q26. Under Section 479(3), whose duty is it to make a written application to the Court for the release of an undertrial prisoner who has completed half/third of his term?
A) The accused's advocate
B) The Public Prosecutor
C) The Superintendent of the jail
D) The District Magistrate
Q27. If an accused is in custody and is examined through electronic communication, Section 316(4) (applied via bail contexts) requires his signature to be taken within:
A) Twenty-four hours
B) Forty-eight hours
C) Seventy-two hours
D) One week
Q28. Under Section 480(4), if a Magistrate or officer releases a person on bail in a non-bailable case, they must:
A) Record in writing his or its reasons or special reasons
B) Inform the High Court within 24 hours
C) Take a photograph of the surety
D) Obtain a digital signature
Q29. According to Section 482(3), once an anticipatory bail order is passed, if the person is subsequently arrested, he shall be released on bail provided:
A) He pays a bribe
B) He is prepared to give bail
C) He admits his guilt
D) He provides two government employees as sureties
Q30. Section 496 empowers the High Court or Court of Session to direct any Magistrate to levy the amount due on a bond for appearance at:
A) Only that Magistrate's Court
B) Such High Court or Court of Session
C) Any Court in India
D) The nearest police station
Answer Key
Q1 – B
Q2 – B
Q3 – B
Q4 – C
Q5 – B
Q6 – D
Q7 – B
Q8 – B
Q9 – B
Q10 – C
Q11 – C
Q12 – C
Q13 – C
Q14 – C
Q15 – B
Q16 – C
Q17 – B
Q18 – B
Q19 – B
Q20 – B
Q21 – C
Q22 – B
Q23 – B
Q24 – C
Q25 – B
Q26 – C
Q27 – C
Q28 – A
Q29 – B
Q30 – B
BNSS CHAPTER XXXV Practice Questions – Statement and Situation Based
Q1. Consider the following statements regarding bail in bailable offences under Section 478:
Statement I: If a person is unable to give bail within seven days of his arrest, the Court shall deem him an indigent person.
Statement II: When an indigent person is accused of a bailable offence, the Court must discharge him on his executing a bond without sureties instead of taking bail.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Situation: “A” is a first-time offender who has never been convicted of any offence in the past. He is currently an undertrial for a crime punishable by 10 years. According to Section 479(1):
A) He must be released on bail after undergoing detention for one-half of the maximum period.
B) He shall be released on bail if he has undergone detention for a period extending up to one-third of the maximum period of imprisonment specified for that offence.
C) He cannot be released on bail until the trial is concluded.
D) He must be released immediately upon filing a personal bond.
Q3. Regarding the release of undertrial prisoners under Section 479, which of the following is correct?
A) The provision for release after one-half/one-third detention applies to offences punishable by death.
B) The provision for release after one-half/one-third detention applies to offences punishable by life imprisonment.
C) These provisions do not apply to offences for which death or life imprisonment are specified as punishments.
D) Only the High Court can order such a release.
Q4. Evaluate the following statements regarding non-bailable offences under Section 480:
Statement I: A Magistrate shall not release a person on bail if there are reasonable grounds for believing he is guilty of an offence punishable with death or imprisonment for life.
Statement II: However, the Magistrate has the discretion to release such a person on bail if the person is a child, a woman, or is sick or infirm.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q5. Situation: A trial for a non-bailable offence before a Magistrate has not been concluded within sixty days from the first date fixed for taking evidence. Under Section 480(6):
A) The Magistrate must acquit the accused.
B) The accused shall be released on bail to the satisfaction of the Magistrate, provided he was in custody during the whole of the said period.
C) The Magistrate must transfer the case to a Court of Session.
D) The accused is entitled to a default discharge.
Q6. Consider the following regarding Anticipatory Bail under Section 482:
Statement I: A person apprehending arrest on accusation of a non-bailable offence may apply for a direction that in the event of arrest, he shall be released on bail.
Statement II: Such an application can be made to any Judicial Magistrate of the first class.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q7. Problem: A person is accused of gang rape on a woman under eighteen years of age (Section 70(2) BNS). He applies for anticipatory bail. According to Section 482(4):
A) He is entitled to bail if he provides two sureties.
B) The High Court may grant bail after hearing the Public Prosecutor.
C) Anticipatory bail shall not apply to any person on accusation of having committed an offence under Section 65 and Section 70(2) of the BNS.
D) He can only be granted bail by the Supreme Court.
Q8. Regarding the presence of the informant during bail hearings under Section 483:
Statement I: In an application for bail for an offence under Section 65 or Section 70(2) of the BNS, the presence of the informant or an authorized person is obligatory at the time of hearing.
Statement II: The High Court or Court of Session must give notice of such application to the Public Prosecutor within a period of seven days.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Under Section 486, what is the new mandatory requirement for a person standing as a surety?
A) He must deposit 50% of the bond amount in cash.
B) He must be a government servant.
C) He shall make a declaration before the Court as to the number of persons to whom he has already stood surety, including the accused.
D) He must provide a character certificate from the local police station.
Q10. Problem: A bond for appearance is forfeited because the accused failed to appear in Court. According to Section 491:
A) The penalty can only be recovered by sentencing the person to rigorous imprisonment.
B) The Court shall record the grounds of proof and may call upon the person bound by the bond to pay the penalty or show cause.
C) The Court has no power to remit any portion of the penalty.
D) The person must be sent to a criminal jail for a minimum of one year.
Q11. Situation: A person required to execute a bond under the BNSS is a child under the age of eighteen. According to Section 494:
A) The child must execute the bond personally.
B) The Court shall require only a surety or sureties to execute the bond.
C) The parents must be imprisoned if the child fails to appear.
D) No bond is required from a child.
Q12. Consider the following regarding the use of technology under Section 530:
Statement I: All trials, inquiries, and proceedings under the Sanhita may be held in electronic mode.
Statement II: This includes the examination of complainants and witnesses and the recording of evidence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q13. Problem: An investigation is pending on June 30, 2024, one day before the BNSS comes into force. How must it be disposed of according to Section 531(2)(a)?
A) It must be restarted under the BNSS.
B) It shall be disposed of, continued, held, or made in accordance with the provisions of the Code of Criminal Procedure, 1973.
C) It must be transferred to a Special Magistrate.
D) It is automatically stayed for ninety days.
Q14. Evaluate these statements regarding the definition of “victim” under Section 2(1)(y):
Statement I: A victim is a person who has suffered loss or injury caused by the act or omission of the accused.
Statement II: The definition of victim also includes the guardian or legal heir of such person.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q15. Regarding the registration of FIRs through electronic communication under Section 173(1):
Statement I: Information relating to a cognizable offence can be given by electronic communication to the officer in charge of a police station.
Statement II: Such information must be signed within three days by the person giving it before it is taken on record.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16. Situation: A police officer wishes to arrest a person for an offence punishable with 5 years imprisonment. Under Section 35(1)(b), he can do so without a warrant if:
A) The person is a habitual offender.
B) The officer is satisfied that the arrest is necessary to prevent the person from tampering with evidence or committing further offences.
C) The person is a woman.
D) The offence is non-cognizable.
Q17. Under Section 497, when property is produced before a Court during a trial, what is the timeline for documenting it?
A) Within 24 hours of production.
B) Within seven days of production.
C) Within fourteen days, the Court shall prepare a statement of its description and cause photographs/videography to be taken.
D) Within thirty days, the property must be sold.
Q18. Regarding “Irregular Proceedings,” if an unauthorized Magistrate takes cognizance of an offence based on his own knowledge (Section 210(1)(c)), the proceeding is:
A) Valid if done in good faith.
B) Void.
C) A curable irregularity.
D) Subject to the approval of the High Court.
Q19. Logic Check: According to Section 514, what is the limitation period for taking cognizance of an offence punishable with imprisonment for 2 years?
A) Six months.
B) One year.
C) Three years.
D) There is no limitation.
Q20. Definition: “Community Service” as a punishment under Section 23(3) means:
A) Remunerated work for the State Government.
B) Work ordered by the Court that benefits the community, for which the convict is not entitled to remuneration.
C) Compulsory enlistment in the armed forces.
D) Paying a fine to a local charity.
Answer Key
Q1 – C
Q2 – B
Q3 – C
Q4 – C
Q5 – B
Q6 – A
Q7 – C
Q8 – A
Q9 – C
Q10 – B
Q11 – B
Q12 – C
Q13 – B
Q14 – C
Q15 – C
Q16 – B
Q17 – C
Q18 – B
Q19 – C
Q20 – B
One-Line Revision Reckoner for Chapter XXXV
This "Bail and Bonds Master-Sheet" provides a quick, accurate, and comprehensive ready reckoner for Chapter XXXV (Sections 478–496) of the BNSS, 2023. This chapter governs the release of persons from custody, the protection of first-time offenders, and the procedural requirements for sureties.
1. Bail in Bailable Offences (Section 478)
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Mandatory Release: A person accused of a bailable offence shall be released on bail if they are prepared to give it.
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Indigent Persons: If a person is unable to furnish surety within seven days of arrest, they are deemed indigent.
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Personal Bond: The Court or officer shall discharge an indigent person on their executing a bond without sureties instead of taking bail.
2. Detention Limits for Undertrials (Section 479)
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The "Undertrial Rule": Prisoners must be released on bail if they have undergone detention for one-half of the maximum imprisonment specified for the offence.
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First-Time Offenders: A person who has never been convicted of any offence in the past shall be released on bail after undergoing one-third of the maximum imprisonment.
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Exceptions: These rules do not apply to offences punishable by death or life imprisonment.
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Jail Duty: The Superintendent of the jail is mandated to make a written application to the Court as soon as the 1/2 or 1/3 period is completed.
3. Bail in Non-Bailable Offences (Section 480)
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Magisterial Restrictions: A Magistrate shall generally not release a person if there are reasonable grounds to believe they are guilty of an offence punishable with death or life imprisonment, or if they are a repeat offender(previous conviction for death/life/7+ years or two/more convictions for 3-7 year offences).
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Discretionary Exceptions: The Court may grant bail in restricted cases if the person is a child (under 18), a woman, or is sick/infirm.
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The 60-Day Rule: In any case triable by a Magistrate, if the trial is not concluded within sixty days from the first date fixed for evidence, the accused (if in custody) shall be released on bail to the Magistrate's satisfaction.
4. Anticipatory Bail (Section 482)
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Forum: Application is made to the High Court or the Court of Session.
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Statutory Bar: Anticipatory bail shall not apply to persons accused of committing offences under Section 65(rape of minor) and sub-section (2) of Section 70 (gang rape of minor) of the BNS.
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Interim Orders: If the Court does not grant an interim order, it is open to the police to arrest the applicant without a warrant.
5. Special Powers and Obligations (Section 483)
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Notice Requirement: For bail applications under Section 65 or 70(2) of BNS, the Court must give notice to the Public Prosecutor within seven days.
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Obligatory Presence: During the hearing of bail for these specific sexual offences, the presence of the informer an authorized person is mandatory.
6. The Surety Framework (Sections 484–490)
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Bond Amount: Shall be fixed with regard to the case and shall not be excessive.
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Mandatory Declaration (S. 486): Every surety shall make a declaration before the Court specifying the number of persons to whom they have already stood surety.
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Deposit (S. 490): A person may deposit a sum of money in lieu of a bond, except when the bond is for good behaviour.
7. Forfeiture and Children (Sections 491–494)
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Forfeiture Procedure: If a bond for appearance is breached, the Court records the proof, calls upon the person to pay the penalty or show cause, and may remit any portion of the penalty at its discretion.
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Cancellation (S. 492): If an appearance bond is forfeited for breach of condition, the bonds of the accused and sureties stand cancelled, and they may not be released on their own bond thereafter without fresh sureties.
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Child Bonds (S. 494): When the person required to execute a bond is a child (under 18), the Court shall require only a surety or sureties to execute the bond.
Quick Revision Tip:
"The First-Timer's 1/3rd Benefit" One of the most significant updates in the BNSS is Section 479(1), which allows a first-time offender (never previously convicted) to walk out on bail after serving just one-third of the potential maximum sentence, provided the crime doesn't carry death or life imprisonment as a penalty.