CrPC 447→BNSS 493

CrPC 447 to BNSS 493: Procedure in case of insolvency of death of surety or when a bond is forfeited

Section 447 CrPC (1973) replaced by Section 493 BNSS (2023)

View CrPC Section 447 →View BNSS Section 493 →

CrPC 447 to BNSS 493 at a Glance

Section 447 CrPC (Procedure in case of insolvency of death of surety or when a bond is forfeited) is now Section 493 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 447 to BNSS 493?

From 1 July 2024, Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 447 of the Code of Criminal Procedure, 1973. The heading is the same. Section 493 BNSS reads a surety to a bail bond under this Sanhita where Section 447 CrPC read a surety to a bond under this Code, a rename of Code to Sanhita and a change of form from bond to bail bond under Section 2(1)(d) BNSS. Section 493 BNSS reads section 491 where Section 447 CrPC read section 446. The rest of the text is the same.

CrPC 447 vs BNSS 493: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section447493
HeadingProcedure in case of insolvency of death of surety or when a bond is forfeitedProcedure in case of insolvency or death of surety or when a bond is forfeited
Cross-referencess.446s.491

CrPC 447 and BNSS 493: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 447, CrPC 1973

447. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
BNSS 2023 (in force)

Section 493, BNSS 2023

493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

When It Applies: CrPC 447 vs BNSS 493

Under CrPC 447
  1. Section 447 CrPC applies when any surety to a bond under the Code becomes insolvent or dies.
  2. Section 447 CrPC also applies when any bond is forfeited under the provisions of Section 446 CrPC.
  3. Under Section 447 CrPC, the Court by whose order such bond was taken, or a Magistrate of the first class, may make the order.
  4. The order is to the person from whom such security was demanded, to furnish fresh security in accordance with the directions of the original order.
  5. If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
Under BNSS 493
  1. Section 493 BNSS applies when any surety to a bail bond under the Sanhita becomes insolvent or dies.
  2. Section 493 BNSS also applies when any bond is forfeited under the provisions of Section 491 BNSS.
  3. Under Section 493 BNSS, the Court by whose order such bond was taken, or a Magistrate of the first class, may make the order.
  4. The order is to the person from whom such security was demanded, to furnish fresh security in accordance with the directions of the original order.
  5. If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

What CrPC 447 to BNSS 493 Means in Practice

A reader of Section 493 BNSS should look for the words a bail bond under this Sanhita where Section 447 CrPC read a bond under this Code, and for section 491 where Section 447 CrPC read section 446.

FAQs: CrPC 447 to BNSS 493

Where is Section 447 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 447 CrPC has no sub-sections, and maps as a whole to Section 493 BNSS. The heading is the same.

Why does Section 493 BNSS say a surety to a bail bond where Section 447 CrPC said a surety to a bond?▼

Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety. Section 493 BNSS also says under this Sanhita where Section 447 CrPC said under this Code.

Which section does Section 493 BNSS name where Section 447 CrPC named Section 446 CrPC?▼

Section 493 BNSS names Section 491 BNSS. Section 446 CrPC is found in Section 491 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 ·