CrPC 446A→BNSS 492

CrPC 446A to BNSS 492: Cancellation of bond and bail bond

Section 446A CrPC (1973) replaced by Section 492 BNSS (2023)

View CrPC Section 446A →View BNSS Section 492 →

CrPC 446A to BNSS 492 at a Glance

Section 446A CrPC (Cancellation of bond and bail bond) is now Section 492 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 446A to BNSS 492?

Section 492 BNSS has the same heading and the same text as Section 446A CrPC, except that Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC, reads a bond or bail bond under this Sanhita where Section 446A CrPC read a bond under this Code, and reads this Sanhita where Section 446A CrPC read this Code in the proviso. 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 446A vs BNSS 492: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section446A492
HeadingCancellation of bond and bail bondSame
Cross-referencess.446s.491

CrPC 446A and BNSS 492: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 446A, CrPC 1973

446A. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.
BNSS 2023 (in force)

Section 492, BNSS 2023

492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

When It Applies: CrPC 446A vs BNSS 492

Under CrPC 446A
  1. Without prejudice to the provisions of Section 446 CrPC, the section speaks of a bond under the Code that is for appearance of a person in a case and is forfeited for breach of a condition.
  2. In that case, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties shall stand cancelled.
  3. Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
  4. Under the proviso, subject to any other provisions of the Code, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.
Under BNSS 492
  1. Without prejudice to the provisions of Section 491 BNSS, the section speaks of a bond or bail bond under the Sanhita that is for appearance of a person in a case and is forfeited for breach of a condition.
  2. In that case, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties shall stand cancelled.
  3. Thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
  4. Under the proviso, subject to any other provisions of the Sanhita, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient.

What CrPC 446A to BNSS 492 Means in Practice

Section 446A CrPC reads that, where a bond under the Code is for appearance of a person in a case and it is forfeited for breach of a condition, the bond executed by such person and the bond, if any, executed by one or more of his sureties in that case shall stand cancelled. Section 492 BNSS reads the same for a bond or bail bond under the Sanhita.

FAQs: CrPC 446A to BNSS 492

Where is Section 446A 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 446A CrPC has no sub-sections, and maps as a whole to Section 492 BNSS.

Does Section 492 BNSS refer to a different section from Section 446A CrPC?▼

Yes. Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC.

Does Section 492 BNSS use different words for the bond from Section 446A CrPC?▼

Yes. Section 492 BNSS reads a bond or bail bond under this Sanhita where Section 446A CrPC read a bond under this Code. The change to a bond or bail bond is a change of form.

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 ·