Section 444 CrPC: Discharge of sureties

Code of Criminal Procedure, 1973

Section 444 CrPC at a Glance

Section 444 CrPC deals with discharge of sureties. From 1 July 2024 it is replaced by Section 489 BNSS.

Now BNSS

What Section 444 CrPC Says

444. Discharge of sureties
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

Source: Section 444, Code of Criminal Procedure, 1973

Section 444 CrPC in Simple Words

Section 444 of the Code of Criminal Procedure, 1973 speaks of the discharge of sureties. Sureties for the attendance and appearance of a person released on bail, whether all of them or only some, may apply to a Magistrate at any time to have the bond discharged. The discharge may be of the whole bond, or only so far as it relates to the applicants.

On such an application, the Magistrate shall issue a warrant of arrest directing that the person released be brought before the Magistrate. When that person appears under the warrant, or surrenders voluntarily, the Magistrate shall direct the bond to be discharged, either wholly or so far as it relates to the applicants. The Magistrate shall also call upon the person to find other sufficient sureties.

If the person fails to find them, the Magistrate may commit the person to jail.

When Section 444 CrPC Applies

Under Section 444(1) CrPC, all or any sureties for the attendance and appearance of a person released on bail may apply to a Magistrate to discharge the bond.
The bond may be discharged either wholly or so far as relates to the applicants.
Under Section 444(2) CrPC, on such application being made, the Magistrate shall issue a warrant of arrest directing that the person so released be brought before the Magistrate.
Under Section 444(3) CrPC, on the appearance of the person pursuant to the warrant, or on voluntary surrender, the Magistrate shall direct the bond to be discharged and shall call upon the person to find other sufficient sureties.
If the person fails to find other sufficient sureties, the Magistrate may commit the person to jail.

Time Limits Under Section 444 CrPC

Section 444(1) CrPC says the sureties may apply at any time.Act text: “may at any time apply to a Magistrate”

Example of Section 444 CrPC

Dev is released on bail with Sunita and Anil as sureties for the attendance and appearance of Dev. Sunita applies to a Magistrate to discharge the bond so far as relates to Sunita. Section 444(2) CrPC says the Magistrate shall issue a warrant of arrest directing that Dev be brought before the Magistrate. On the appearance of Dev pursuant to the warrant, or on voluntary surrender, the Magistrate shall direct the bond to be discharged so far as relates to Sunita, and shall call upon Dev to find other sufficient sureties. If Dev fails to do so, the Magistrate may commit Dev to jail.

When Section 444 CrPC Does Not Apply

Section 444(1) CrPC speaks of an application by sureties to a Magistrate. It does not deal with the Court's power to order sufficient bail when that first taken is insufficient, which is the subject of Section 443 CrPC.
Section 444 CrPC speaks of the discharge of the bond on application by sureties. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 446 CrPC.

Section 444 CrPC Under BNSS 489: What Changed

Section 444 CrPC is now covered under Section 489 BNSS.

Section 489 BNSS has the same heading and the same text as Section 444 CrPC. Section 444(1) CrPC is found in Section 489(1) BNSS, Section 444(2) CrPC in Section 489(2) BNSS and Section 444(3) CrPC in Section 489(3) BNSS.

View detailed comparison (CrPC 444 vs BNSS 489) →

FAQs on Section 444 CrPC

Who may apply to discharge the bond under Section 444(1) CrPC?▼

All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

What does the Magistrate do on the application under Section 444(2) CrPC?▼

On such application being made, the Magistrate shall issue a warrant of arrest directing that the person so released be brought before the Magistrate.

What follows under Section 444(3) CrPC on the appearance or voluntary surrender of the person?▼

On the appearance of the person pursuant to the warrant, or on voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon the person to find other sufficient sureties. If the person fails to do so, the Magistrate may commit the person to jail.

Where is Section 444 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 444(1) CrPC is found in Section 489(1) BNSS, Section 444(2) CrPC in Section 489(2) BNSS and Section 444(3) CrPC in Section 489(3) BNSS.

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