CrPC 441→BNSS 485

CrPC 441 to BNSS 485: Bond of accused and sureties

Section 441 CrPC (1973) replaced by Section 485 BNSS (2023)

View CrPC Section 441 →View BNSS Section 485 →

CrPC 441 to BNSS 485 at a Glance

Section 441 CrPC (Bond of accused and sureties) is now Section 485 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 441 to BNSS 485?

From 1 July 2024, Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 441 of the Code of Criminal Procedure, 1973 under the same heading, Bond of accused and sureties. Section 485(1) BNSS reads released on bond or bail bond where Section 441(1) CrPC read released on bail or released on his own bond, and reads when he is released on bond or bail bond where Section 441(1) CrPC read when he is released on bail. Section 485(2) BNSS and Section 485(3) BNSS add the words or bail bond after the word bond.

CrPC 441 vs BNSS 485: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section441485
HeadingBond of accused and suretiesSame
Sub-sections4 sub-sectionsSame

CrPC 441 and BNSS 485: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 441, CrPC 1973

441. Bond of accused and sureties.—(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition. (3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
BNSS 2023 (in force)

Section 485, BNSS 2023

485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. (3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

When It Applies: CrPC 441 vs BNSS 485

Under CrPC 441
  1. Under Section 441(1) CrPC, before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person.
  2. Under Section 441(1) CrPC, when he is released on bail, the bond shall be executed also by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond.
  3. Under Section 441(2) CrPC, where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
  4. Under Section 441(3) CrPC, if the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
  5. Under Section 441(4) CrPC, for the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Under BNSS 485
  1. Under Section 485(1) BNSS, before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person.
  2. Under Section 485(1) BNSS, when he is released on bond or bail bond, the bond shall be executed also by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond.
  3. Under Section 485(2) BNSS, where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
  4. Under Section 485(3) BNSS, if the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
  5. Under Section 485(4) BNSS, for the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

Time Limits: CrPC 441 to BNSS 485

Under CrPC 441
  • Under Section 441(1) CrPC, the bond is executed before any person is released on bail or released on his own bond.Act text: “Before any person is released on bail or released on his own bond”
  • Under Section 441(1) CrPC, the person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.Act text: “shall continue so to attend until otherwise directed by the police officer or Court, as the case may be”
Under BNSS 485
  • Under Section 485(1) BNSS, the bond is executed before any person is released on bond or bail bond.Act text: “Before any person is released on bond or bail bond”
  • Under Section 485(1) BNSS, the person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.Act text: “shall continue so to attend until otherwise directed by the police officer or Court, as the case may be”

What CrPC 441 to BNSS 485 Means in Practice

Section 485 BNSS deals with the same subject as Section 441 CrPC: the bond executed before release, the sureties, the condition imposed for release, the appearance at the High Court, Court of Session or other Court, and the fitness or sufficiency of sureties. The words bond or bail bond appear in Section 485(1) BNSS, Section 485(2) BNSS and Section 485(3) BNSS where the words bail or his own bond, or the word bond, appeared in Section 441 CrPC.

FAQs: CrPC 441 to BNSS 485

Which provision of the BNSS is Section 441 CrPC found in?▼

Section 441 of the Code of Criminal Procedure, 1973 is found in Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both have the same heading, Bond of accused and sureties.

Did Section 485(1) BNSS change the words on release on bail or on his own bond?▼

Section 485(1) BNSS reads Before any person is released on bond or bail bond where Section 441(1) CrPC read Before any person is released on bail or released on his own bond. Section 485(1) BNSS also reads when he is released on bond or bail bond, by one or more sufficient sureties where Section 441(1) CrPC read when he is released on bail, by one or more sufficient sureties.

Did Section 485(2) BNSS and Section 485(3) BNSS change the words on the contents of the bond?▼

Section 485(2) BNSS reads the bond or bail bond shall also contain that condition where Section 441(2) CrPC read the bond shall also contain that condition. Section 485(3) BNSS reads the bond or bail bond shall also bind the person released on bail where Section 441(3) CrPC read the bond shall also bind the person released on bail. Section 485(4) BNSS has the same text as Section 441(4) 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: 27 Oct 2026 ·