Section 481 BNSS: Bail to require accused to appear before next Appellate Court

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 481 BNSS at a Glance

Section 481 BNSS deals with bail to require accused to appear before next Appellate Court. It replaced Section 437A CrPC on 1 July 2024.

Was CrPC

Section 437A →

Section 481 BNSS Bare Act Text

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.

Source: Section 481, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 481 BNSS in Simple Words

Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Bail to require accused to appear before next Appellate Court.

Under Section 481(1) BNSS, before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court, and such bond shall be in force for six months.

Under Section 481(2) BNSS, if such accused fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS shall apply.

When Section 481 BNSS Applies

  • Under Section 481(1) BNSS, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond.
  • The bond or bail bond is to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.
  • Under Section 481(2) BNSS, if such accused fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS shall apply.

Time Limits Under Section 481 BNSS

  • The bond or bail bond is required before conclusion of the trial and before disposal of the appeal.Act text: “Before conclusion of the trial and before disposal of the appeal”
  • Such bond shall be in force for six months.Act text: “such bond shall be in force for six months”

Example of Section 481 BNSS

Kavita is the accused in a trial. Before conclusion of the trial, the Court trying the offence requires Kavita to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment. Under Section 481(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such bond shall be in force for six months. Under Section 481(2) BNSS, if Kavita fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS shall apply.

When Section 481 BNSS Does Not Apply

  • Section 481 BNSS speaks of a bond or bail bond to appear before the higher Court. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 491 BNSS.

Section 481 BNSS in the CrPC (Previous Law)

Section 481 BNSS replaced Section 437A CrPC from 1 July 2024.

Section 481 BNSS has the same heading and the same text as Section 437A CrPC, except that Section 481(1) BNSS reads a bond or bail bond where Section 437A(1) CrPC read bail bonds with sureties, reads such bond where Section 437A(1) CrPC read such bail bonds, and Section 481(2) BNSS refers to Section 491 BNSS where Section 437A(2) CrPC referred to Section 446 CrPC. 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.

Each sub-section below names its own source.

FAQs on Section 481 BNSS

When shall the Court require the accused to execute a bond or bail bond under Section 481 BNSS?▼

Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court.

For how long is the bond in force under Section 481 BNSS?▼

Under Section 481(1) BNSS, such bond shall be in force for six months.

What does Section 481(2) BNSS say if the accused fails to appear?▼

If such accused fails to appear, the bond stands forfeited and the procedure under Section 491 BNSS shall apply.

What changed from Section 437A CrPC to Section 481 BNSS from 1 July 2024?▼

From 1 July 2024, Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 437A of the Code of Criminal Procedure, 1973. Section 481 BNSS has the same heading and the same text as Section 437A CrPC, except that Section 481(1) BNSS reads a bond or bail bond where Section 437A(1) CrPC read bail bonds with sureties, reads such bond where Section 437A(1) CrPC read such bail bonds, and Section 481(2) BNSS refers to Section 491 BNSS where Section 437A(2) CrPC referred to Section 446 CrPC. The change to a bond or bail bond is a change of form. 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.

Section 481 BNSS: Sub-sections Explained

Section 481(1) BNSS: Bail to require accused to appear before next appellate Court

▶

Bare Act Text

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months.

Previous Law

CrPC 437A → Section 481(1) BNSS

Section 481(2) BNSS: Bail to require accused to appear before next appellate Court

▶

Bare Act Text

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply.

Previous Law

CrPC 437A(2) → Section 481(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·