Section 437A CrPC: Bail to require accused to appear before next appellate Court

Code of Criminal Procedure, 1973

Section 437A CrPC at a Glance

Section 437A CrPC deals with bail to require accused to appear before next appellate Court. From 1 July 2024 it is replaced by Section 481 BNSS.

Now BNSS

Section 481 →

What Section 437A CrPC Says

437A. Bail to require accused to appear before next appellate Court

(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 bail bonds with sureties, 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 bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.

Source: Section 437A, Code of Criminal Procedure, 1973

Section 437A CrPC in Simple Words

Section 437A of the Code of Criminal Procedure, 1973 is headed Bail to require accused to appear before next appellate Court.

Under Section 437A(1) CrPC, 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 bail bonds with sureties, 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 bail bonds shall be in force for six months.

Under Section 437A(2) CrPC, if such accused fails to appear, the bond stands forfeited and the procedure under Section 446 CrPC shall apply.

When Section 437A CrPC Applies

  • Under Section 437A(1) CrPC, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties.
  • The bail bonds are 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 437A(2) CrPC, if such accused fails to appear, the bond stands forfeited and the procedure under Section 446 CrPC shall apply.

Time Limits Under Section 437A CrPC

  • The bail bonds are 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 bail bonds shall be in force for six months.Act text: “such bail bonds shall be in force for six months”

Example of Section 437A CrPC

Arjun is the accused in a trial. Before conclusion of the trial, the Court trying the offence requires Arjun to execute bail bonds with sureties, 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 437A(1) of the Code of Criminal Procedure, 1973, such bail bonds shall be in force for six months. Under Section 437A(2) CrPC, if Arjun fails to appear, the bond stands forfeited and the procedure under Section 446 CrPC shall apply.

When Section 437A CrPC Does Not Apply

  • Section 437A CrPC speaks of bail bonds 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 446 CrPC.

Section 437A CrPC Under BNSS 481: What Changed

Section 437A CrPC is now covered under Section 481 BNSS.

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.

View detailed comparison (CrPC 437A vs BNSS 481) →

FAQs on Section 437A CrPC

When shall the Court require the accused to execute bail bonds under Section 437A CrPC?▼

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 bail bonds with sureties, 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 are the bail bonds in force under Section 437A CrPC?▼

Under Section 437A(1) CrPC, such bail bonds shall be in force for six months.

What does Section 437A(2) CrPC say if the accused fails to appear?▼

If such accused fails to appear, the bond stands forfeited and the procedure under Section 446 CrPC shall apply.

Where is Section 437A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 437A(1) CrPC is found in Section 481(1) BNSS and Section 437A(2) CrPC in Section 481(2) BNSS. Section 481(1) BNSS reads a bond or bail bond where Section 437A(1) CrPC read bail bonds with sureties. Section 481(2) BNSS refers to Section 491 BNSS where Section 437A(2) CrPC referred to Section 446 CrPC.

Have questions about Section 437A CrPC?

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, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·