CrPC 437A→BNSS 481

CrPC 437A to BNSS 481: Bail to require accused to appear before next appellate Court

Section 437A CrPC (1973) replaced by Section 481 BNSS (2023)

View CrPC Section 437A →View BNSS Section 481 →

CrPC 437A to BNSS 481 at a Glance

Section 437A CrPC (Bail to require accused to appear before next appellate Court) is now Section 481 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 437A to BNSS 481?

Section 481 BNSS has the same heading and the same text as Section 437A CrPC, except that Section 481(1) BNSS reads a bond or bail bond where Section 437A(1) CrPC read bail bonds with sureties, reads such bond where Section 437A(1) CrPC read such bail bonds, and Section 481(2) BNSS refers to Section 491 BNSS where Section 437A(2) CrPC referred to Section 446 CrPC. The change to a bond or bail bond is a change of form, because under Section 2(1)(d) BNSS bail bond means an undertaking for release with surety, and under Section 2(1)(e) BNSS bond means a personal bond or an undertaking for release without surety.

CrPC 437A vs BNSS 481: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section437A481
HeadingBail to require accused to appear before next appellate CourtSame
Sub-sections2 sub-sectionsSame
Cross-referencess.446s.491

CrPC 437A and BNSS 481: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 437A, CrPC 1973

437A. Bail to require accused to appear before next appellate Court.—(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
BNSS 2023 (in force)

Section 481, BNSS 2023

481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.

When It Applies: CrPC 437A vs BNSS 481

Under CrPC 437A
  1. Under Section 437A(1) CrPC, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties.
  2. The bail bonds are to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.
  3. Under Section 437A(2) CrPC, if such accused fails to appear, the bond stands forfeited and the procedure under Section 446 CrPC shall apply.
Under BNSS 481
  1. Under Section 481(1) BNSS, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond.
  2. The bond or bail bond is to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.
  3. Under Section 481(2) BNSS, if such accused fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS shall apply.

Time Limits: CrPC 437A to BNSS 481

Under CrPC 437A
  • The bail bonds are required before conclusion of the trial and before disposal of the appeal.Act text: “Before conclusion of the trial and before disposal of the appeal”
  • Such bail bonds shall be in force for six months.Act text: “such bail bonds shall be in force for six months”
Under BNSS 481
  • The bond or bail bond is required before conclusion of the trial and before disposal of the appeal.Act text: “Before conclusion of the trial and before disposal of the appeal”
  • Such bond shall be in force for six months.Act text: “such bond shall be in force for six months”

What CrPC 437A to BNSS 481 Means in Practice

Section 437A(1) CrPC reads that the Court shall require the accused to execute bail bonds with sureties, and that such bail bonds shall be in force for six months. Section 481(1) BNSS reads that the Court shall require the accused to execute a bond or bail bond, and that such bond shall be in force for six months. Both read that, if such accused fails to appear, the bond stands forfeited.

FAQs: CrPC 437A to BNSS 481

Where is Section 437A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 437A(1) CrPC is found in Section 481(1) BNSS and Section 437A(2) CrPC in Section 481(2) BNSS.

Does Section 481(1) BNSS use different words for the bond from Section 437A(1) CrPC?▼

Yes. Section 481(1) BNSS reads a bond or bail bond where Section 437A(1) CrPC read bail bonds with sureties. This is a change of form. Under Section 2(1)(d) BNSS, bail bond means an undertaking for release with surety, and under Section 2(1)(e) BNSS, bond means a personal bond or an undertaking for release without surety.

Does Section 481(2) BNSS refer to a different section from Section 437A(2) CrPC?▼

Yes. Section 481(2) BNSS refers to Section 491 BNSS where Section 437A(2) CrPC referred to Section 446 CrPC.

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: 22 Oct 2026 ·