Section 490 BNSS: Deposit instead of recognizance
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 490 BNSS at a Glance
Section 490 BNSS deals with deposit instead of recognizance. It replaced Section 445 CrPC on 1 July 2024.
Section 490 BNSS Bare Act Text
490. Deposit instead of recognizance
When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
Source: Section 490, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 490 BNSS in Simple Words
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Deposit instead of recognizance.
When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
When Section 490 BNSS Applies
- Section 490 BNSS applies when any person is required by any Court or officer to execute a bond or bail bond.
- Under Section 490 BNSS, the Court or officer may permit the person to deposit a sum of money or Government promissory notes.
- Under Section 490 BNSS, the deposit is to such amount as the Court or officer may fix.
Example of Section 490 BNSS
When Section 490 BNSS Does Not Apply
- Section 490 BNSS speaks of a deposit in lieu of executing a bond. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 491 BNSS.
- Section 490 BNSS speaks of a deposit in lieu of executing a bond. It does not deal with the bond of the accused and sureties, which is the subject of Section 485 BNSS.
Section 490 BNSS in the CrPC (Previous Law)
Section 490 BNSS replaces Section 445 CrPC from the old criminal code.
From 1 July 2024, Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 445 of the Code of Criminal Procedure, 1973. The heading is the same. Section 490 BNSS reads a bond or bail bond where Section 445 CrPC read a bond with or without sureties, a change of form under Section 2(1)(d) BNSS and Section 2(1)(e) BNSS. The rest of the text is the same.
View CrPC Section 445 →FAQs on Section 490 BNSS
What may a Court or officer permit under Section 490 BNSS?▼
Under Section 490 BNSS, when any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes in lieu of executing such bond.
Who fixes the amount of the deposit under Section 490 BNSS?▼
Under Section 490 BNSS, the deposit is to such amount as the Court or officer may fix.
Does Section 490 BNSS apply to a bond for good behaviour?▼
Section 490 BNSS says that the Court or officer may permit a deposit except in the case of a bond for good behaviour.
What changed from Section 445 CrPC to Section 490 BNSS from 1 July 2024?▼
From 1 July 2024, Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 445 of the Code of Criminal Procedure, 1973. The heading is the same, Deposit instead of recognizance. Section 490 BNSS reads a bond or bail bond where Section 445 CrPC read a bond with or without sureties. Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·