Section 493: Procedure in case of insolvency or debt of surety or available is forfeited
The procedural framework regarding matters where the bail surety becomes insolvent or dies, and in cases of forfeiture of the bond, is provided under Section 493, It maintains the continuity and integrity of the judicial process by clearly guiding the event-handling at times of such incidence regarding the bail system.
In case where a surety to a bail bond becomes insolvent or passes away, the court or a Magistrate of the first class has the authority to order the principal individual (the person for whom the bond was executed) to provide new security.
This should be clearly comparable to the conditions mentioned in the original bail order. If a new surety or security fails to meet with the court's requirement, then this will be considered by the court as a default of the original bail, and thus they could revoke bail or even any other legal consequences may arise.
It applies where a bond is forfeited under the provisions of Section 491 of the BNSS, 2023.
-The court may, in such circumstances, direct the person whose bond was forfeited to furnish fresh security.
In case the individual fails to provide the necessary security, the court may treat the failure as a default under the original bond, subjecting the individual to the legal consequences of that default.
If the person whose bail is secured by the surety fails to produce fresh security as ordered, the individual may be put into legal jeopardy and even have their bail revoked and rearrested.
If a surety dies before the bond is forfeited, then the estate of the deceased surety is relieved of further obligations related to the bond. This provision safeguards the interests of the estate of the deceased surety, who would not be liable for obligations that cannot be performed after their death.
