Section 488 BNSS: Power to order sufficient bail when that first taken is insufficient
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 488 BNSS at a Glance
Section 488 BNSS deals with power to order sufficient bail when that first taken is insufficient. It replaced Section 443 CrPC on 1 July 2024.
Section 488 BNSS Bare Act Text
488. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.
Source: Section 488, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 488 BNSS in Simple Words
Section 488 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the case where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient.
The Court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order the person to find sufficient sureties.
On the person failing so to do, the Court may commit the person to jail.
When Section 488 BNSS Applies
- The case is one where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient.
- The Court may issue a warrant of arrest directing that the person released on bail be brought before it.
- The Court may order the person to find sufficient sureties.
- On the person failing so to do, the Court may commit the person to jail.
Example of Section 488 BNSS
When Section 488 BNSS Does Not Apply
- Section 488 BNSS speaks of sureties who are insufficient. It does not deal with the discharge of sureties on their application, which is the subject of Section 489 BNSS.
- Section 488 BNSS speaks of a warrant of arrest to bring the person released on bail before the Court. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 491 BNSS.
Section 488 BNSS in the CrPC (Previous Law)
Section 488 BNSS replaces Section 443 CrPC from the old criminal code.
Section 488 BNSS has the same heading and the same text as Section 443 CrPC. Section 443 CrPC has no sub-sections, and maps as a whole to Section 488 BNSS.
View CrPC Section 443 →FAQs on Section 488 BNSS
When may the Court issue a warrant of arrest under Section 488 BNSS?▼
Section 488 BNSS speaks of the case where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient. In that case the Court may issue a warrant of arrest directing that the person released on bail be brought before it.
What may the Court order under Section 488 BNSS once the person released on bail is brought before it?▼
The Court may order the person to find sufficient sureties.
What may the Court do under Section 488 BNSS if the person fails to find sufficient sureties?▼
Section 488 BNSS says that on the person failing so to do, the Court may commit the person to jail.
What changed from Section 443 CrPC to Section 488 BNSS from 1 July 2024?▼
Section 488 BNSS has the same heading and the same text as Section 443 CrPC.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·