Section 446A CrPC: Cancellation of bond and bail bond

Code of Criminal Procedure, 1973

Section 446A CrPC at a Glance

Section 446A CrPC deals with cancellation of bond and bail bond. From 1 July 2024 it is replaced by Section 492 BNSS.

Now BNSS

Section 492 →

What Section 446A CrPC Says

446A. Cancellation of bond and bail bond

Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition,—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.

Source: Section 446A, Code of Criminal Procedure, 1973

Section 446A CrPC in Simple Words

Section 446A of the Code of Criminal Procedure, 1973 is headed Cancellation of bond and bail bond. Without prejudice to the provisions of Section 446 CrPC, where a bond under the Code is for appearance of a person in a case and it is forfeited for breach of a condition, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled.

Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition. The proviso says that, subject to any other provisions of the Code, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.

When Section 446A CrPC Applies

  • Without prejudice to the provisions of Section 446 CrPC, the section speaks of a bond under the Code that is for appearance of a person in a case and is forfeited for breach of a condition.
  • In that case, the bond executed by such person as well as the bond, if any, executed by one or more of his sureties shall stand cancelled.
  • Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition.
  • Under the proviso, subject to any other provisions of the Code, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.

Example of Section 446A CrPC

Ramesh executes a bond for appearance in a case, and Meera executes a bond as a surety for Ramesh in that case. The bond is forfeited for breach of a condition. Under Section 446A of the Code of Criminal Procedure, 1973, the bond executed by Ramesh and the bond executed by Meera in that case shall stand cancelled. If the Court for appearance before which the bond was executed is satisfied that there was no sufficient cause for the failure of Ramesh to comply with its condition, Ramesh shall not thereafter be released only on his own bond in that case.

When Section 446A CrPC Does Not Apply

  • Section 446A CrPC speaks of the cancellation of a bond that is forfeited for breach of a condition. It does not deal with the procedure when a bond has been forfeited, which is the subject of Section 446 CrPC.

Section 446A CrPC Under BNSS 492: What Changed

Section 446A CrPC is now covered under Section 492 BNSS.

Section 492 BNSS has the same heading and the same text as Section 446A CrPC, except that Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC, reads a bond or bail bond under this Sanhita where Section 446A CrPC read a bond under this Code, and reads this Sanhita where Section 446A CrPC read this Code in the proviso. The change to a bond or bail bond is a change of form, because under Section 2(1)(d) BNSS bail bond means an undertaking for release with surety, and under Section 2(1)(e) BNSS bond means a personal bond or an undertaking for release without surety.

View detailed comparison (CrPC 446A vs BNSS 492) →

FAQs on Section 446A CrPC

When does Section 446A CrPC apply?▼

Without prejudice to the provisions of Section 446 CrPC, Section 446A CrPC applies where a bond under the Code is for appearance of a person in a case and it is forfeited for breach of a condition.

What happens to the bonds under Section 446A CrPC when a bond for appearance is forfeited?▼

The bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled.

When shall a person not be released only on his own bond under Section 446A CrPC?▼

Thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition. Under the proviso, subject to any other provisions of the Code, such person may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.

Where is Section 446A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 446A CrPC has no sub-sections, and maps as a whole to Section 492 BNSS. Section 492 BNSS refers to Section 491 BNSS where Section 446A CrPC referred to Section 446 CrPC.

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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 ·