Section 442 CrPC: Discharge from custody

Code of Criminal Procedure, 1973

Section 442 CrPC at a Glance

Section 442 CrPC deals with discharge from custody. From 1 July 2024 it is replaced by Section 487 BNSS.

Now BNSS

Section 487 →

What Section 442 CrPC Says

442. Discharge from custody

(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.

(2) Nothing in this section, section 436 or section 437, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

Source: Section 442, Code of Criminal Procedure, 1973

Section 442 CrPC in Simple Words

Section 442 of the Code of Criminal Procedure, 1973 is headed Discharge from custody. Under Section 442(1) CrPC, the person for whose appearance the bond has been executed shall be released as soon as the bond has been executed.

When the person is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and that officer on receipt of the orders shall release him. Section 442(2) CrPC says that nothing in Section 442 CrPC, Section 436 CrPC or Section 437 CrPC shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

When Section 442 CrPC Applies

  • Under Section 442(1) CrPC, the person for whose appearance a bond has been executed shall be released.
  • Under Section 442(1) CrPC, when the person is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail.
  • Under Section 442(1) CrPC, the officer in charge of the jail, on receipt of the orders, shall release the person.
  • Section 442(2) CrPC applies to any person liable to be detained for some matter other than that in respect of which the bond was executed.

Time Limits Under Section 442 CrPC

  • Under Section 442(1) CrPC, the person shall be released as soon as the bond has been executed.Act text: “As soon as the bond has been executed, the person for whose appearance it has been executed shall be released”

Example of Section 442 CrPC

Ramesh is in jail and the court admits Ramesh to bail. As soon as the bond for the appearance of Ramesh has been executed, Section 442(1) CrPC provides that Ramesh shall be released. Because Ramesh is in jail, the court issues an order of release to the officer in charge of the jail, and that officer on receipt of the orders shall release Ramesh. If Ramesh is also liable to be detained for some matter other than that in respect of which the bond was executed, Section 442(2) CrPC provides that nothing in Section 442 CrPC, Section 436 CrPC or Section 437 CrPC shall be deemed to require the release of Ramesh.

When Section 442 CrPC Does Not Apply

  • Section 442 CrPC speaks of release once the bond has been executed. It does not deal with the amount of the bond, which is the subject of Section 440 CrPC.
  • Section 442 CrPC speaks of the release of the person for whose appearance the bond has been executed. It does not deal with the discharge of sureties, which is the subject of Section 444 CrPC.

Section 442 CrPC Under BNSS 487: What Changed

Section 442 CrPC is now covered under Section 487 BNSS.

From 1 July 2024, Section 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 442 of the Code of Criminal Procedure, 1973. The heading is the same. Section 487(1) BNSS and Section 487(2) BNSS read bond or bail bond where Section 442(1) CrPC and Section 442(2) CrPC read bond, a change of form under Section 2(1)(d) BNSS and Section 2(1)(e) BNSS. Section 487(2) BNSS reads Section 478 BNSS or Section 480 BNSS where Section 442(2) CrPC read Section 436 CrPC or Section 437 CrPC.

View detailed comparison (CrPC 442 vs BNSS 487) →

FAQs on Section 442 CrPC

When must a person be released under Section 442 CrPC?▼

Under Section 442(1) CrPC, the person for whose appearance a bond has been executed shall be released as soon as the bond has been executed.

What happens under Section 442 CrPC when the person is in jail?▼

Under Section 442(1) CrPC, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and that officer on receipt of the orders shall release him.

Does Section 442 CrPC require release of a person liable to be detained for another matter?▼

Section 442(2) CrPC says that nothing in Section 442 CrPC, Section 436 CrPC or Section 437 CrPC shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

Where is Section 442 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 442(1) CrPC is found in Section 487(1) BNSS and Section 442(2) CrPC in Section 487(2) BNSS. Section 487 BNSS has the same heading, Discharge from custody. Section 440 CrPC is found in Section 484 BNSS and Section 444 CrPC in Section 489 BNSS.

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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: 22 Oct 2026 ·