Section 443 CrPC: Power to order sufficient bail when that first taken is insufficient

Code of Criminal Procedure, 1973

Section 443 CrPC at a Glance

Section 443 CrPC deals with power to order sufficient bail when that first taken is insufficient. From 1 July 2024 it is replaced by Section 488 BNSS.

Now BNSS

Section 488 →

What Section 443 CrPC Says

443. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

Source: Section 443, Code of Criminal Procedure, 1973

Section 443 CrPC in Simple Words

Section 443 of the Code of Criminal Procedure, 1973 speaks of the case where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient.

The Court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order the person to find sufficient sureties.

On the person failing so to do, the Court may commit the person to jail.

When Section 443 CrPC Applies

The case is one where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient.
The Court may issue a warrant of arrest directing that the person released on bail be brought before it.
The Court may order the person to find sufficient sureties.
On the person failing so to do, the Court may commit the person to jail.

Example of Section 443 CrPC

Through mistake, the Court accepted insufficient sureties when Kavita was released on bail. Section 443 CrPC says the Court may issue a warrant of arrest directing that Kavita be brought before the Court, and may order Kavita to find sufficient sureties. On Kavita failing so to do, the Court may commit Kavita to jail.

When Section 443 CrPC Does Not Apply

Section 443 CrPC speaks of sureties who are insufficient. It does not deal with the discharge of sureties on their application, which is the subject of Section 444 CrPC.
Section 443 CrPC speaks of a warrant of arrest to bring the person released on bail before the Court. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 446 CrPC.

Section 443 CrPC Under BNSS 488: What Changed

Section 443 CrPC is now covered under Section 488 BNSS.

Section 488 BNSS has the same heading and the same text as Section 443 CrPC. Section 443 CrPC has no sub-sections, and maps as a whole to Section 488 BNSS.

View detailed comparison (CrPC 443 vs BNSS 488) →

FAQs on Section 443 CrPC

When may the Court issue a warrant of arrest under Section 443 CrPC?▼

Section 443 CrPC speaks of the case where, through mistake, fraud or otherwise, insufficient sureties have been accepted, or where they afterwards become insufficient. In that case the Court may issue a warrant of arrest directing that the person released on bail be brought before it.

What may the Court order under Section 443 CrPC once the person released on bail is brought before it?▼

The Court may order the person to find sufficient sureties.

What may the Court do under Section 443 CrPC if the person fails to find sufficient sureties?▼

Section 443 CrPC says that on the person failing so to do, the Court may commit the person to jail.

Where is Section 443 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 443 CrPC has no sub-sections, and maps as a whole to Section 488 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 ·