CrPC 446 to BNSS 491: Procedure when bond has been forfeited
Section 446 CrPC (1973) replaced by Section 491 BNSS (2023)
CrPC 446 to BNSS 491 at a Glance
Section 446 CrPC (Procedure when bond has been forfeited) is now Section 491 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 446 to BNSS 491?
Section 446 of the Code of Criminal Procedure, 1973 becomes Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form and no substantive change. Section 491(1) BNSS splits the single paragraph of Section 446(1) CrPC into Section 491(1)(a) BNSS and Section 491(1)(b) BNSS. References to the Code in Section 446(1) CrPC and Section 446(2) CrPC become references to the Sanhita. In Section 491(5) BNSS, the cross-references to Section 106, Section 117, Section 360, and Section 448 CrPC become Section 125, Section 136, Section 401, and Section 494 BNSS.
CrPC 446 vs BNSS 491: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 446 | 491 |
| Heading | Procedure when bond has been forfeited | Same |
| Sub-sections | 5 sub-sections | Same |
| Cross-references | s.106, s.448 | s.125, s.494 |
CrPC 446 and BNSS 491: Bare Act Text Side by Side
Section 446, CrPC 1973
Section 491, BNSS 2023
When It Applies: CrPC 446 vs BNSS 491
- When a bond under the Code of Criminal Procedure, 1973 is for appearance or production of property before a Court, that Court or any Court to which the case is subsequently transferred may act under Section 446(1) CrPC once it is proved to its satisfaction that the bond has been forfeited.
- For any other bond under the Code, when forfeiture is proved to the satisfaction of the Court that took the bond, a transferee Court, or any Magistrate of the first class, Section 446(1) CrPC directs that the Court shall record the grounds of its finding and may order any bound person to pay the penalty or show cause against payment.
- If the person called upon under Section 446(2) CrPC fails to show sufficient cause and leaves the penalty unpaid, the Court may recover the unpaid amount in the same way that it recovers a criminal fine imposed under the Code.
- Under Section 446(3) CrPC, the Court may, after recording its reasons for doing so, remit any portion of the penalty and enforce payment in part only.
- If a surety to a bond dies before the bond is forfeited, Section 446(4) CrPC provides that the estate of that surety shall be discharged from all liability in respect of the bond.
- When a person who gave security under Section 106, Section 117, or Section 360 CrPC, or a substitute bond under Section 448 CrPC, is convicted of an offence that breaches the bond, Section 446(5) CrPC states that a certified copy of the conviction judgment may be used as evidence against the sureties and the Court shall presume that the offence was committed by that person unless the contrary is proved.
- When a bond under the Bharatiya Nagarik Suraksha Sanhita, 2023 is for appearance or production of property before a Court, that Court or any Court to which the case is subsequently transferred may act under Section 491(1)(a) BNSS once it is proved to its satisfaction that the bond has been forfeited.
- For any other bond under the Sanhita, when it is proved to the satisfaction of the Court that took the bond, a transferee Court, or the Court of any Magistrate of the first class that the bond has been forfeited, Section 491(1)(b) BNSS provides that the Court shall record the grounds of such proof and may call upon any bound person to pay the penalty or show cause why it should not be paid.
- Where the person bound does not show sufficient cause and does not pay the penalty, Section 491(2) BNSS provides that the Court may proceed to recover the unpaid amount as if it were a fine imposed by that Court under the Sanhita.
- Under Section 491(3) BNSS, the Court may remit any portion of the penalty and enforce payment in part only, after recording its reasons for doing so.
- If a surety to a bond dies before the bond is forfeited, Section 491(4) BNSS directs that the estate of the deceased surety shall be discharged from all liability in respect of that bond.
- When any person who has furnished security under Section 125, Section 136, or Section 401 BNSS is convicted of an offence that breaches the conditions of the bond, or of a bond executed in lieu of it under Section 494 BNSS, Section 491(5) BNSS allows a certified copy of the conviction judgment to be used as evidence against the surety or sureties, and if so used, the Court shall presume that the offence was committed by that person unless the contrary is proved.
Time Limits: CrPC 446 to BNSS 491
- The proviso to Section 446(2) of the Code of Criminal Procedure, 1973 qualifies fine-based recovery by providing that if the forfeited penalty is not paid and cannot be recovered as a fine, the surety shall be liable by order of the recovering Court to imprisonment in civil jail for a term which may extend to six months.Act text: “imprisonment in civil jail for a term which may extend to six months”
- The proviso to Section 491(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 qualifies the fine-recovery rule by providing that when the penalty is not paid and cannot be recovered as a fine, the surety shall be liable by order of the Court ordering recovery to imprisonment in civil jail for a term which may extend to six months.Act text: “imprisonment in civil jail for a term which may extend to six months”
What CrPC 446 to BNSS 491 Means in Practice
FAQs: CrPC 446 to BNSS 491
Did Section 491 BNSS change the procedure for forfeiting a bond or recovering its penalty?▼
No. Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the same procedure as Section 446 of the Code of Criminal Procedure, 1973. Once forfeiture is proved to the satisfaction of the Court, it shall record the grounds of such proof and may call upon the bound person to pay the penalty or show cause. Fine recovery under Section 491(2) BNSS, the six-month civil jail proviso, remission under Section 491(3) BNSS, and discharge under Section 491(4) BNSS remain unchanged.
How is Section 491(1) BNSS arranged compared to Section 446(1) CrPC?▼
Section 446(1) CrPC placed both categories of bonds in one continuous paragraph. Section 491(1) BNSS reorganises the same text into Section 491(1)(a) BNSS for bonds for appearance or production of property before a Court and Section 491(1)(b) BNSS for any other bond under the Sanhita, while dropping the repeated word where. This structural division is a change of form only, and the Courts empowered to act and the Explanation for transferred cases have the same text.
What changed in Section 491(5) BNSS regarding proof of breach against sureties?▼
Section 491(5) BNSS makes only a change of form by updating the cross-references from Section 446(5) CrPC to match the numbering of the Sanhita. References to security under Section 106, Section 117, or Section 360 CrPC and substitute bonds under Section 448 CrPC become Section 125, Section 136, Section 401, and Section 494 BNSS. Using a certified conviction judgment as evidence and the rule that the Court shall presume the offence was committed unless the contrary is proved remain unchanged.
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 ·