Section 441 CrPC: Bond of accused and sureties

Code of Criminal Procedure, 1973

Section 441 CrPC at a Glance

Section 441 CrPC deals with bond of accused and sureties. From 1 July 2024 it is replaced by Section 485 BNSS.

Now BNSS

What Section 441 CrPC Says

441. Bond of accused and sureties
(1) Before any person is released on bail or released on his own 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 bail, 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 shall also contain that condition.
(3) If the case so requires, the 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 441, Code of Criminal Procedure, 1973

Section 441 CrPC in Simple Words

Section 441 of the Code of Criminal Procedure, 1973 is headed Bond of accused and sureties. A person shall execute a bond before being released on bail or on the person's own 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 bail, 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 441(2) CrPC, if a condition is imposed for release on bail, the bond shall contain that condition as well. Under Section 441(3) CrPC, the 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 441(4) CrPC, 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 441 CrPC Applies

Under Section 441(1) CrPC, before any person is released on bail or released on his own 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 441(1) CrPC, when he is released on bail, 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 441(2) CrPC, where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
Under Section 441(3) CrPC, if the case so requires, the 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 441(4) CrPC, 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 441 CrPC

Under Section 441(1) CrPC, the bond is executed before any person is released on bail or released on his own bond.Act text: “Before any person is released on bail or released on his own bond”
Under Section 441(1) CrPC, 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 441 CrPC

Ramesh is to be released on bail by a Court, and a condition is imposed for his release. Before Ramesh is released, a bond for such sum of money as the Court thinks sufficient shall be executed by him and, as he is released on bail, by one or more sufficient sureties, conditioned that he shall attend at the time and place mentioned in the bond. Under Section 441(2) CrPC, the bond shall also contain the condition imposed for his release. Under Section 441(4) CrPC, the Court may accept an affidavit in proof of the facts relating to the sufficiency or fitness of the surety Meena.

When Section 441 CrPC Does Not Apply

Section 441(1) CrPC speaks of execution of the bond by one or more sufficient sureties when the person is released on bail. It does not deal with how a surety is declared, which is found in Section 441A CrPC, Declaration by sureties.
Section 441 CrPC 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 440 CrPC.
Section 441 CrPC speaks of a bond executed before release. It does not deal with discharge from custody, which is found in Section 442 CrPC, Discharge from custody.

Section 441 CrPC Under BNSS 485: What Changed

Section 441 CrPC is now covered under Section 485 BNSS.

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.

View detailed comparison (CrPC 441 vs BNSS 485) →

FAQs on Section 441 CrPC

What bond is executed before a person is released on bail under Section 441(1) CrPC?▼

Before any person is released on bail or released on his own 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 441(1) of the Code of Criminal Procedure, 1973, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond.

What do Section 441(2) CrPC and Section 441(3) CrPC say about the contents of the bond?▼

Under Section 441(2) of the Code of Criminal Procedure, 1973, where any condition is imposed for the release of any person on bail, the bond shall also contain that condition. Under Section 441(3) CrPC, if the case so requires, the 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 441(4) CrPC?▼

Under Section 441(4) of the Code of Criminal Procedure, 1973, 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.

Where is Section 441 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 441 CrPC is found in Section 485 BNSS, which has the same heading, Bond of accused and sureties. Section 441(1) CrPC is found in Section 485(1) BNSS, Section 441(2) CrPC is found in Section 485(2) BNSS, Section 441(3) CrPC is found in Section 485(3) BNSS, and Section 441(4) CrPC is found in Section 485(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·