CrPC 442→BNSS 487

CrPC 442 to BNSS 487: Discharge from custody

Section 442 CrPC (1973) replaced by Section 487 BNSS (2023)

View CrPC Section 442 →View BNSS Section 487 →

CrPC 442 to BNSS 487 at a Glance

Section 442 CrPC (Discharge from custody) is now Section 487 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 442 to BNSS 487?

From 1 July 2024, Section 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 442 of the Code of Criminal Procedure, 1973. The heading is the same. Section 487(1) BNSS and Section 487(2) BNSS read bond or bail bond where Section 442(1) CrPC and Section 442(2) CrPC read bond, a change of form under Section 2(1)(d) BNSS and Section 2(1)(e) BNSS. Section 487(2) BNSS reads Section 478 BNSS or Section 480 BNSS where Section 442(2) CrPC read Section 436 CrPC or Section 437 CrPC.

CrPC 442 vs BNSS 487: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section442487
HeadingDischarge from custodySame
Sub-sections2 sub-sectionsSame
Cross-referencess.436s.478

CrPC 442 and BNSS 487: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 442, CrPC 1973

442. Discharge from custody.—(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 436 or section 437, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
BNSS 2023 (in force)

Section 487, BNSS 2023

487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed.

When It Applies: CrPC 442 vs BNSS 487

Under CrPC 442
  1. Under Section 442(1) CrPC, the person for whose appearance a bond has been executed shall be released.
  2. Under Section 442(1) CrPC, when the person is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail.
  3. Under Section 442(1) CrPC, the officer in charge of the jail, on receipt of the orders, shall release the person.
  4. Section 442(2) CrPC applies to any person liable to be detained for some matter other than that in respect of which the bond was executed.
Under BNSS 487
  1. Under Section 487(1) BNSS, the person for whose appearance a bond or bail bond has been executed shall be released.
  2. Under Section 487(1) BNSS, when the person is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail.
  3. Under Section 487(1) BNSS, the officer in charge of the jail, on receipt of the orders, shall release the person.
  4. Section 487(2) BNSS applies to any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed.

Time Limits: CrPC 442 to BNSS 487

Under CrPC 442
  • Under Section 442(1) CrPC, the person shall be released as soon as the bond has been executed.Act text: “As soon as the bond has been executed, the person for whose appearance it has been executed shall be released”
Under BNSS 487
  • Under Section 487(1) BNSS, the person shall be released as soon as the bond or bail bond has been executed.Act text: “As soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be released”

What CrPC 442 to BNSS 487 Means in Practice

A reader of Section 487 BNSS should look for the words bond or bail bond where Section 442 CrPC read bond. Section 436 CrPC is found in Section 478 BNSS and Section 437 CrPC in Section 480 BNSS.

FAQs: CrPC 442 to BNSS 487

Where is Section 442 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 442(1) CrPC is found in Section 487(1) BNSS and Section 442(2) CrPC in Section 487(2) BNSS. The heading is the same, Discharge from custody.

Why does Section 487 BNSS read bond or bail bond where Section 442 CrPC read bond?▼

Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety. Section 487(1) BNSS and Section 487(2) BNSS use both words.

Which sections does Section 487(2) BNSS name where Section 442(2) CrPC named Section 436 CrPC and Section 437 CrPC?▼

Section 487(2) BNSS names Section 478 BNSS and Section 480 BNSS. Section 436 CrPC is found in Section 478 BNSS and Section 437 CrPC in Section 480 BNSS.

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 ·