Section 485 BNSS: Bond of accused and sureties
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 485 BNSS at a Glance
Section 485 BNSS deals with bond of accused and sureties. It replaced Section 441 CrPC on 1 July 2024.
Section 485 BNSS Bare Act Text
(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Source: Section 485, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 485 BNSS in Simple Words
Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Bond of accused and sureties. A person shall execute a bond before being released on bond or bail bond. The bond is for such sum of money as the police officer or Court, as the case may be, thinks sufficient. When the person is released on bond or bail bond, the bond shall also be executed by one or more sufficient sureties.
The bond is conditioned that the person shall attend at the time and place mentioned in the bond. The person shall continue to attend until otherwise directed by the police officer or Court, as the case may be. Under Section 485(2) BNSS, if a condition is imposed for release on bail, the bond or bail bond shall contain that condition as well. Under Section 485(3) BNSS, the bond or bail bond shall, if the case so requires, also bind the person released on bail to appear when called upon.
The appearance may be at the High Court, Court of Session or other Court, to answer the charge. Under Section 485(4) BNSS, the Court may accept affidavits as proof of the facts about the fitness or sufficiency of the sureties, to decide whether they are fit or sufficient. Alternatively, if it considers it necessary, the Court may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court into that sufficiency or fitness.
When Section 485 BNSS Applies
- Under Section 485(1) BNSS, before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person.
- Under Section 485(1) BNSS, when he is released on bond or bail bond, the bond shall be executed also by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond.
- Under Section 485(2) BNSS, where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
- Under Section 485(3) BNSS, if the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
- Under Section 485(4) BNSS, for the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Time Limits Under Section 485 BNSS
- Under Section 485(1) BNSS, the bond is executed before any person is released on bond or bail bond.Act text: “Before any person is released on bond or bail bond”
- Under Section 485(1) BNSS, the person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.Act text: “shall continue so to attend until otherwise directed by the police officer or Court, as the case may be”
Example of Section 485 BNSS
When Section 485 BNSS Does Not Apply
- Section 485(1) BNSS speaks of execution of the bond by one or more sufficient sureties when the person is released on bond or bail bond. It does not deal with how a surety is declared, which is found in Section 486 BNSS, Declaration by sureties.
- Section 485 BNSS speaks of the bond of the accused and sureties. It does not deal with the amount of the bond and the reduction of that amount, which is found in Section 484 BNSS.
- Section 485 BNSS speaks of a bond executed before release. It does not deal with discharge from custody, which is found in Section 487 BNSS, Discharge from custody.
Section 485 BNSS in the CrPC (Previous Law)
Section 485 BNSS replaced Section 441 CrPC from 1 July 2024.
From 1 July 2024, Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 441 of the Code of Criminal Procedure, 1973 under the same heading, Bond of accused and sureties. Section 485(1) BNSS reads released on bond or bail bond where Section 441(1) CrPC read released on bail or released on his own bond, and reads when he is released on bond or bail bond where Section 441(1) CrPC read when he is released on bail. Section 485(2) BNSS and Section 485(3) BNSS add the words or bail bond after the word bond.
Each sub-section below names its own source.
FAQs on Section 485 BNSS
What bond is executed before a person is released on bond or bail bond under Section 485(1) BNSS?▼
Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, under Section 485(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond.
What do Section 485(2) BNSS and Section 485(3) BNSS say about the contents of the bond or bail bond?▼
Under Section 485(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. Under Section 485(3) BNSS, if the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
How does the Court determine whether sureties are fit or sufficient under Section 485(4) BNSS?▼
Under Section 485(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
What changed from Section 441 CrPC to Section 485 BNSS from 1 July 2024?▼
From 1 July 2024, Section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 441 of the Code of Criminal Procedure, 1973. Both have the same heading, Bond of accused and sureties. Section 485(1) BNSS reads released on bond or bail bond where Section 441(1) CrPC read released on bail or released on his own bond, and Section 485(2) BNSS and Section 485(3) BNSS read the bond or bail bond where Section 441(2) CrPC and Section 441(3) CrPC read the bond.
Section 485 BNSS: Sub-sections Explained
Section 485(1) BNSS: Bond of accused and sureties
▶
Bare Act Text
(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
Section 485(2) BNSS: Bond of accused and sureties
▶
Bare Act Text
(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.
Section 485(3) BNSS: Bond of accused and sureties
▶
Bare Act Text
(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
Section 485(4) BNSS: Bond of accused and sureties
▶
Bare Act Text
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Have questions about Section 485 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·