A surety's promise disappears if the accused simply cannot be found.

The surety must show sufficient cause for the failure to appear; not being able to locate the accused is not automatically a valid excuse.

If the surety dies, the family still has to pay any forfeited bond.

If the surety dies before the bond is actually forfeited, the estate is discharged from liability under that bond.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 491

Procedure when bond has been forfeited

(1) Where, —§

(a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or§

(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.§

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.§

(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.§

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.§

(5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this 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.§

Why this exists

Bonds and bail bonds only work as a system if broken promises have real consequences. This section gives courts a clear, fair procedure to declare a bond forfeited, hear the bound person's side, and then recover the money -- while also protecting sureties who die before any breach and allowing courts some flexibility to reduce harsh penalties. It replaces section 446 of the old Code of Criminal Procedure, 1973, with largely similar rules under the BNSS.

How courts read it

Courts have long held that forfeiture proceedings under the equivalent CrPC provision are quasi-criminal in nature, so the surety must be given a genuine opportunity to show cause before the penalty is enforced; forfeiture cannot be treated as an automatic formality.

Common misconceptions

Myth: A surety's promise disappears if the accused simply cannot be found.
Fact: The surety must show sufficient cause for the failure to appear; not being able to locate the accused is not automatically a valid excuse.
Myth: If the surety dies, the family still has to pay any forfeited bond.
Fact: If the surety dies before the bond is actually forfeited, the estate is discharged from liability under that bond.