CrPC 436→BNSS 478

CrPC 436 to BNSS 478: In what cases bail to be taken

Section 436 CrPC (1973) replaced by Section 478 BNSS (2023)

View CrPC Section 436 →View BNSS Section 478 →

CrPC 436 to BNSS 478 at a Glance

Section 436 CrPC (In what cases bail to be taken) is now Section 478 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 436 to BNSS 478?

Section 436 of the Code of Criminal Procedure, 1973 became Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with no new sub-sections and the same rule. Every textual difference is a change of form. In Section 478(1) BNSS and Section 478(2) BNSS, bail, bond without sureties, and bail-bond become bail bond, bond, and bond or bail bond because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. Cross-references are renumbered from Sections 116(3), 446A, and 446 CrPC to Sections 135(3), 492, and 491 BNSS.

CrPC 436 vs BNSS 478: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section436478
HeadingIn what cases bail to be takenSame
Sub-sections2 sub-sectionsSame
Cross-referencess.116, s.446s.135, s.491

CrPC 436 and BNSS 478: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 436, CrPC 1973

436. In what cases bail to be taken.—(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided. Explanation.—Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 446A. (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
BNSS 2023 (in force)

Section 478, BNSS 2023

478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491.

When It Applies: CrPC 436 vs BNSS 478

Under CrPC 436
  1. When any person other than a person accused of a non-bailable offence is arrested or detained without a warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time during custody or at any stage of the proceeding to give bail, that person shall be released on bail under Section 436(1) of the Code of Criminal Procedure, 1973.
  2. The first proviso to Section 436(1) CrPC permits the officer in charge of a police station or the Court, if he or it thinks fit, to discharge the person on executing a bond without sureties for appearance instead of taking bail.
  3. Under the first proviso to Section 436(1) CrPC, if the person is indigent and is unable to furnish surety, the officer or the Court shall discharge him on executing a bond without sureties for his appearance instead of taking bail.
  4. Section 436(2) CrPC creates an exception to Section 436(1) CrPC under which, where a person has failed to comply with the bail bond conditions as to the time and place of attendance, the Court may refuse to release him on bail when he appears before the Court or is brought in custody on a subsequent occasion in the same case.
  5. Under Section 436(2) CrPC, any refusal by the Court to release the person on bail on a subsequent occasion is without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty under Section 446 CrPC.
Under BNSS 478
  1. When any person other than a person accused of a non-bailable offence is arrested or detained without a warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time during custody or at any stage of the proceeding to give bail, that person shall be released on bail under Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. The first proviso to Section 478(1) BNSS permits the officer in charge of a police station or the Court, if he or it thinks fit, to discharge the person on executing a bond for appearance instead of taking a bail bond.
  3. Under the first proviso to Section 478(1) BNSS, if the person is indigent and is unable to furnish surety, the officer or the Court shall discharge him on executing a bond for his appearance instead of taking a bail bond.
  4. Section 478(2) BNSS creates an exception to Section 478(1) BNSS under which, where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail when he appears before the Court or is brought in custody on a subsequent occasion in the same case.
  5. Under Section 478(2) BNSS, any refusal by the Court to release the person on bail on a subsequent occasion is without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty under Section 491 BNSS.

Time Limits: CrPC 436 to BNSS 478

Under CrPC 436
  • Under the Explanation to the first proviso of Section 436(1) of the Code of Criminal Procedure, 1973, where a person is unable to give bail within a week of the date of his arrest, that failure over the period of a week is a sufficient ground for the officer in charge of a police station or the Court to presume that he is an indigent person for the purposes of that proviso.Act text: “Where a person is unable to give bail within a week of the date of his arrest”
Under BNSS 478
  • Under the Explanation to the first proviso of Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is unable to give a bail bond within a week of the date of his arrest, that failure over the period of a week is a sufficient ground for the officer in charge of a police station or the Court to presume that he is an indigent person for the purposes of that proviso.Act text: “Where a person is unable to give bail bond within a week of the date of his arrest”

What CrPC 436 to BNSS 478 Means in Practice

Because the transition from Section 436 of the Code of Criminal Procedure, 1973 to Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 involves only changes of form, the legal conditions for release on bail remain unchanged from 1 July 2024. The rule that a person not accused of a non-bailable offence shall be released on bail, the presumption of indigence after a week of arrest, the duty to discharge an indigent person unable to furnish surety on a bond, and the power of the Court to refuse bail after an attendance breach operate identically.

FAQs: CrPC 436 to BNSS 478

Where is Section 436 CrPC found from 1 July 2024?▼

From 1 July 2024, the provision that stood in Section 436 of the Code of Criminal Procedure, 1973 is found in Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Specifically, Section 436(1) CrPC corresponds to Section 478(1) BNSS, and Section 436(2) CrPC corresponds to Section 478(2) BNSS, with the rule on release on bail for a person not accused of a non-bailable offence remaining unchanged.

Why does Section 478 BNSS use the terms bond and bail bond instead of bond without sureties and bail-bond?▼

Replacing bond without sureties with bond in the first proviso to Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and replacing bail-bond with bond or bail bond in Section 478(2) BNSS, are changes of form from Section 436 of the Code of Criminal Procedure, 1973. The reason is that Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.

Did the rule on presuming indigence or refusing bail for breach of attendance conditions change in Section 478 BNSS?▼

No, the rules are unchanged between Section 436 of the Code of Criminal Procedure, 1973 and Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under the Explanation to the first proviso of Section 478(1) BNSS, inability to give a bail bond within a week of the date of arrest remains a sufficient ground to presume indigence. Under Section 478(2) BNSS, the Court may still refuse bail on a subsequent occasion if attendance conditions of the bond or bail bond were breached.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·