Section 441A CrPC: Declaration by sureties

Code of Criminal Procedure, 1973

Section 441A CrPC at a Glance

Section 441A CrPC deals with declaration by sureties. From 1 July 2024 it is replaced by Section 486 BNSS.

Now BNSS

Section 486 →

What Section 441A CrPC Says

441A. Declaration by sureties

Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

Source: Section 441A, Code of Criminal Procedure, 1973

Section 441A CrPC in Simple Words

Section 441A of the Code of Criminal Procedure, 1973 speaks of every person standing surety to an accused person for his release on bail. That person shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

When Section 441A CrPC Applies

  • Section 441A CrPC speaks of every person standing surety to an accused person for his release on bail.
  • That person shall make a declaration before the Court.
  • The declaration is as to the number of persons to whom the surety has stood surety, including the accused.
  • The declaration gives all the relevant particulars.

Example of Section 441A CrPC

Meera is to stand surety to Aarav, an accused person, for the release of Aarav on bail. Meera has earlier stood surety to Dev. Section 441A CrPC says Meera shall make a declaration before the Court as to the number of persons to whom Meera has stood surety including Aarav, giving therein all the relevant particulars.

When Section 441A CrPC Does Not Apply

  • Section 441A CrPC speaks of a declaration by a person standing surety. It does not deal with the bond of the accused and sureties, which is the subject of Section 441 CrPC.
  • Section 441A CrPC speaks of a declaration before the Court. It does not deal with the discharge of sureties on application to a Magistrate, which is the subject of Section 444 CrPC.

Section 441A CrPC Under BNSS 486: What Changed

Section 441A CrPC is now covered under Section 486 BNSS.

Section 486 BNSS has the same heading and the same text as Section 441A CrPC. Section 441A CrPC has no sub-sections, and maps as a whole to Section 486 BNSS.

View detailed comparison (CrPC 441A vs BNSS 486) →

FAQs on Section 441A CrPC

Who shall make a declaration under Section 441A CrPC?▼

Every person standing surety to an accused person for his release on bail shall make a declaration before the Court.

What does the declaration under Section 441A CrPC cover?▼

It is a declaration as to the number of persons to whom the surety has stood surety including the accused, giving therein all the relevant particulars.

Before whom is the declaration under Section 441A CrPC made?▼

Section 441A CrPC says the declaration is made before the Court.

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

Section 441A CrPC has no sub-sections, and maps as a whole to Section 486 BNSS from 1 July 2024.

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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: 21 Oct 2026 ·