CrPC 445→BNSS 490

CrPC 445 to BNSS 490: Deposit instead of recognizance

Section 445 CrPC (1973) replaced by Section 490 BNSS (2023)

View CrPC Section 445 →View BNSS Section 490 →

CrPC 445 to BNSS 490 at a Glance

Section 445 CrPC (Deposit instead of recognizance) is now Section 490 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 445 to BNSS 490?

From 1 July 2024, Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 445 of the Code of Criminal Procedure, 1973. The heading is the same. Section 490 BNSS reads a bond or bail bond where Section 445 CrPC read a bond with or without sureties, a change of form under Section 2(1)(d) BNSS and Section 2(1)(e) BNSS. The rest of the text is the same.

CrPC 445 vs BNSS 490: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section445490
HeadingDeposit instead of recognizanceSame

CrPC 445 and BNSS 490: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 445, CrPC 1973

445. Deposit instead of recognizance.—When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
BNSS 2023 (in force)

Section 490, BNSS 2023

490. Deposit instead of recognizance.—When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.

When It Applies: CrPC 445 vs BNSS 490

Under CrPC 445
  1. Section 445 CrPC applies when any person is required by any Court or officer to execute a bond with or without sureties.
  2. Under Section 445 CrPC, the Court or officer may permit the person to deposit a sum of money or Government promissory notes.
  3. Under Section 445 CrPC, the deposit is to such amount as the Court or officer may fix.
Under BNSS 490
  1. Section 490 BNSS applies when any person is required by any Court or officer to execute a bond or bail bond.
  2. Under Section 490 BNSS, the Court or officer may permit the person to deposit a sum of money or Government promissory notes.
  3. Under Section 490 BNSS, the deposit is to such amount as the Court or officer may fix.

What CrPC 445 to BNSS 490 Means in Practice

A reader of Section 490 BNSS should look for the words a bond or bail bond where Section 445 CrPC read a bond with or without sureties.

FAQs: CrPC 445 to BNSS 490

Where is Section 445 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 445 CrPC has no sub-sections, and maps as a whole to Section 490 BNSS. The heading is the same, Deposit instead of recognizance.

Why does Section 490 BNSS read a bond or bail bond where Section 445 CrPC read a bond with or without sureties?▼

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.

Is the exception for a bond for good behaviour in Section 490 BNSS the same as in Section 445 CrPC?▼

Section 490 BNSS and Section 445 CrPC both say that the Court or officer may permit a deposit except in the case of a bond for good behaviour.

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 ·