Cancellation of bond and bail bond
Section 492 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with cancellation of bond and bail bond. 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 The Act came into force on 01 Jul 2024.
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.
Section 492, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 446A section against his surety or sureties, and, ;if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved Close, with changes 73%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Sajith Shetty vs Sub Inspector of Police
Decided under Code of Criminal Procedure 446A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where the accused failed to appear before the Sessions Court and his bail bond was cancelled, with the sureties' penalty realised, the Court held that it is not as if once bail is cancelled the accused is never again entitled to bail: under the proviso to section 446A CrPC he may move a fresh bail application before the same court, which must consider it having regard to the circumstances of the earlier default and to the fact that he had already been released on bail.
On this section: Directly applies the proviso now carried into BNSS section 492 - cancellation of the bond for breach of a condition does not bar the person from being released again on a fresh bond in the same case.
-
Suresh vs S.i. of Police
Decided under Code of Criminal Procedure 446A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Court held that a condition imposed while granting bail at the crime stage does not lapse on filing of the final report but subsists until the trial concludes; on breach the bond stands forfeited under section 437(5) CrPC and the accused may be committed to custody, but he remains at liberty to surrender and seek regular bail as provided under section 446A, which the Magistrate must then consider on merits.
On this section: Illustrates the operation of BNSS section 492 after a bond is cancelled for breach of condition: the cancellation is not final, and a fresh bond may be taken on a fresh application.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 492
What have the courts held on Section 492 of the Bharatiya Nagarik Suraksha Sanhita?
Sajith Shetty vs Sub Inspector of Police (11 Jan 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 446A, which this section replaced -- the court never mentioned this Act: Directly applies the proviso now carried into BNSS section 492 - cancellation of the bond for breach of a condition does not bar the person from being released again on a fresh bond in the same case. Another 1 judgment on this section is set out below.
How do I find court cases under Section 492 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 492, section 492 BNSS, section 492 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 492 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sajith Shetty vs Sub Inspector of Police (11 Jan 2011).
What should I read with Section 492 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 491 (Procedure when bond has been forfeited), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 446A (section against his surety or sureties, and, ;if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved), so the judgments decided under that provision are the case law on this one.
When did Section 492 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 492 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 492, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.