Section 494: Bond required from child
Section 494 deals with the procedural matters concerning the issue of bonds where the person is a minor. This section enables a more flexible and protective measure for bonding where the parties are minors, thus recognizing their different vulnerabilities and ensuring that they are not saddled with legal liabilities they cannot meet directly.
When a court or officer directed the execution of a bond of a child, the child shall not be necessary to execute it personally. A bond executed by one or more sureties may be accepted on behalf of the child by the court or officer. This provision acknowledges the inherent challenges that children face in understanding and executing legal responsibilities, and provides a safeguard by allowing a third party to assume the financial liability for the child’s compliance with the bond’s conditions.
The focus of this section is to protect the minor from undue pressure or possible exploitation that might
-result if the child were to be made directly execute a bond. Allowing sureties to execute the bond ensures that the legal rights and welfare of the minor are preserved, reducing the risks associated with holding a child liable for responsibilities beyond their capability.
It is intended to safeguard children from the undue legal pressures they might be subjected to if made to directly execute bonds. Because children are often incapable of fully comprehending the consequences of such legal obligations, the role of sureties acts to reduce the chances of exploitation, coercion, or undue hardship. This provision shows a clear acknowledgment of the vulnerable position children occupy in legal contexts, making it more appropriate and balanced.
The existence of Section 494 reflects the general commitment of the legal framework to child well-being in cases of disputes with the law. It points to rehabilitation and protection as part of the mainstreaming of international standards on juvenile justice.
This approach acknowledges that children, because of their age and developmental stage, need a special legal framework that gives priority to their well-being, rather than submitting them to punitive measures designed for adults.
