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Criminal LawResearch ArticleOPEN ACCESSPEER REVIEWED

Bail Bond, Sureties, Forfeiture, and Cancellation of Bail under the Bharatiya Nagarik Suraksha Sanhita, 2023

Volume
3
Issue
1
Pages
1–9
Published
Oct 2026
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0
3
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Abstract

Bail is an important safeguard of personal liberty and a practical means of ensuring that an accused person remains available for investigation, inquiry and trial. The law of bail does not end with the decision to release an accused; it also regulates the bond executed for appearance, the role and responsibility of sureties, the consequences of breach, and the circumstances in which bail or a bond may be cancelled. Chapter XXXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly sections 478 and 480–496, provides the statutory framework for bail and bonds in India. This paper examines bail bonds, the legal position of sureties, the procedure for forfeiture, and the distinction between cancellation of bail and cancellation of a bond. It analyses safeguards under the BNSS, including the rule that bond amounts must not be excessive, the need to record grounds before recovering a penalty, and the opportunity to show cause. It also considers leading Supreme Court decisions on personal liberty and cancellation of bail. The paper argues that bail conditions should secure attendance and protect proceedings without becoming instruments of unnecessary detention. Fair administration requires reasoned orders, proportionate financial conditions, meaningful scrutiny of sureties, and a careful distinction between breach of bond and conduct that justifies taking an accused back into custody.

Authors
VG
Vijay G
Keywords
bail bondssuretiesforfeiturecancellation of bailBharatiya Nagarik Suraksha Sanhita
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