Section 445 CrPC: Deposit instead of recognizance
Code of Criminal Procedure, 1973
Section 445 CrPC at a Glance
Section 445 CrPC deals with deposit instead of recognizance. From 1 July 2024 it is replaced by Section 490 BNSS.
What Section 445 CrPC Says
445. Deposit instead of recognizance
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
Source: Section 445, Code of Criminal Procedure, 1973
Section 445 CrPC in Simple Words
Section 445 of the Code of Criminal Procedure, 1973 is headed Deposit instead of recognizance.
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
When Section 445 CrPC Applies
- Section 445 CrPC applies when any person is required by any Court or officer to execute a bond with or without sureties.
- Under Section 445 CrPC, the Court or officer may permit the person to deposit a sum of money or Government promissory notes.
- Under Section 445 CrPC, the deposit is to such amount as the Court or officer may fix.
Example of Section 445 CrPC
When Section 445 CrPC Does Not Apply
- Section 445 CrPC speaks of a deposit in lieu of executing a bond. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 446 CrPC.
- Section 445 CrPC speaks of a deposit in lieu of executing a bond. It does not deal with the bond of the accused and sureties, which is the subject of Section 441 CrPC.
Section 445 CrPC Under BNSS 490: What Changed
Section 445 CrPC is now covered under Section 490 BNSS.
From 1 July 2024, Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 445 of the Code of Criminal Procedure, 1973. The heading is the same. Section 490 BNSS reads a bond or bail bond where Section 445 CrPC read a bond with or without sureties, a change of form under Section 2(1)(d) BNSS and Section 2(1)(e) BNSS. The rest of the text is the same.
View detailed comparison (CrPC 445 vs BNSS 490) →FAQs on Section 445 CrPC
What may a Court or officer permit under Section 445 CrPC?▼
Under Section 445 CrPC, when any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes in lieu of executing such bond.
Who fixes the amount of the deposit under Section 445 CrPC?▼
Under Section 445 CrPC, the deposit is to such amount as the Court or officer may fix.
Does Section 445 CrPC apply to a bond for good behaviour?▼
Section 445 CrPC says that the Court or officer may permit a deposit except in the case of a bond for good behaviour.
Where is Section 445 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 445 CrPC has no sub-sections, and maps as a whole to Section 490 BNSS. Section 490 BNSS has the same heading, Deposit instead of recognizance. Section 441 CrPC is found in Section 485 BNSS and Section 446 CrPC in Section 491 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·