Section 447 CrPC: Procedure in case of insolvency of death of surety or when a bond is forfeited

Code of Criminal Procedure, 1973

Section 447 CrPC at a Glance

Section 447 CrPC deals with procedure in case of insolvency of death of surety or when a bond is forfeited. From 1 July 2024 it is replaced by Section 493 BNSS.

Now BNSS

Section 493 →

What Section 447 CrPC Says

447. Procedure in case of insolvency of death of surety or when a bond is forfeited

Procedure in case of insolvency or death of surety or when a bond is forfeited.

When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Source: Section 447, Code of Criminal Procedure, 1973

Section 447 CrPC in Simple Words

Section 447 of the Code of Criminal Procedure, 1973 is headed Procedure in case of insolvency or death of surety or when a bond is forfeited.

When any surety to a bond under the Code becomes insolvent or dies, or when any bond is forfeited under the provisions of Section 446 CrPC, the Court by whose order such bond was taken, or a Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order.

If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

When Section 447 CrPC Applies

  • Section 447 CrPC applies when any surety to a bond under the Code becomes insolvent or dies.
  • Section 447 CrPC also applies when any bond is forfeited under the provisions of Section 446 CrPC.
  • Under Section 447 CrPC, the Court by whose order such bond was taken, or a Magistrate of the first class, may make the order.
  • The order is to the person from whom such security was demanded, to furnish fresh security in accordance with the directions of the original order.
  • If such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Example of Section 447 CrPC

A Court orders Ramesh to furnish security by a bond with a surety, and Suresh is the surety to that bond. Suresh dies. Under Section 447 CrPC, the Court by whose order the bond was taken, or a Magistrate of the first class, may order Ramesh to furnish fresh security in accordance with the directions of the original order. If Ramesh does not furnish such security, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

When Section 447 CrPC Does Not Apply

  • Section 447 CrPC speaks of the insolvency or death of a surety, or of a bond forfeited under Section 446 CrPC. It does not deal with the discharge of sureties, which is the subject of Section 444 CrPC.
  • Section 447 CrPC speaks of fresh security in accordance with the directions of the original order. It does not deal with the power to order sufficient bail when that first taken is insufficient, which is the subject of Section 443 CrPC.

Section 447 CrPC Under BNSS 493: What Changed

Section 447 CrPC is now covered under Section 493 BNSS.

From 1 July 2024, Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 447 of the Code of Criminal Procedure, 1973. The heading is the same. Section 493 BNSS reads a surety to a bail bond under this Sanhita where Section 447 CrPC read a surety to a bond under this Code, a rename of Code to Sanhita and a change of form from bond to bail bond under Section 2(1)(d) BNSS. Section 493 BNSS reads section 491 where Section 447 CrPC read section 446. The rest of the text is the same.

View detailed comparison (CrPC 447 vs BNSS 493) →

FAQs on Section 447 CrPC

When may fresh security be ordered under Section 447 CrPC?▼

Under Section 447 CrPC, fresh security may be ordered when any surety to a bond under the Code becomes insolvent or dies, or when any bond is forfeited under the provisions of Section 446 CrPC.

Who may order fresh security under Section 447 CrPC?▼

Under Section 447 CrPC, the Court by whose order such bond was taken, or a Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order.

What if the fresh security is not furnished under Section 447 CrPC?▼

Under Section 447 CrPC, if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Where is Section 447 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 447 CrPC has no sub-sections, and maps as a whole to Section 493 BNSS. Section 493 BNSS has the same heading. Section 446 CrPC is found in Section 491 BNSS, Section 443 CrPC in Section 488 BNSS and Section 444 CrPC in Section 489 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·