Section 491 of BNSS : Section 491: Procedure when bond has been forfeited.
BNSS
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Explanation using Example
Example 1:
Scenario: Ramesh is granted bail by the court on the condition that he appears for his trial on a specified date. He provides a bond with his friend Suresh as the surety.
Situation: Ramesh fails to appear in court on the trial date.
Application of Section 491:
- The court determines that Ramesh's bond has been forfeited because he did not appear as required.
- The court records the reasons for the forfeiture and calls upon Suresh to pay the penalty specified in the bond or to show cause why he should not pay it.
- Suresh fails to show sufficient cause and does not pay the penalty.
- The court proceeds to recover the penalty as if it were a fine.
- If the penalty is not paid and cannot be recovered, Suresh may be ordered to serve up to six months in civil jail.
- The court may decide to remit a portion of the penalty and enforce only part of the payment, depending on the circumstances.
Example 2:
Scenario: Priya is required to produce certain property in court as part of a legal proceeding. She provides a bond with her uncle, Rajesh, as the surety.
Situation: Priya fails to produce the property in court as required.
**Application of Section...
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