Power to order sufficient bail when that first taken is insufficient
Section 488 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 488, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 443 Power to order sufficient bail when that first taken is insufficient Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sajid Ali @ Guddu vs State of U.p.
Decided under Code of Criminal Procedure 443, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 443 CrPC, which provides power to order sufficient bail when that first taken is insufficient, applies only to procedural insufficiency of sureties and not to substantive offences of forgery and fraud committed by filing forged documents in court. Therefore, an FIR disclosing serious cognizable offences of forgery, fraud, and cheating is maintainable and cannot be quashed merely because it relates to bail bond proceedings. Furthermore, multiple FIRs arising from the same general cause of action are maintainable if they involve different documents, different verifying authorities, and different informants from different concerned departments.
On this section: Power to order sufficient bail when that first taken is insufficient - court held this provision applies only to insufficiency of sureties, not to forgery of documents
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Sajid Ali @ Guddu vs State of U.p.
Decided under Code of Criminal Procedure 443, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 443 CrPC, which provides a procedure for ordering sufficient bail when sureties are insufficient, applies only to insufficiency of bail bonds already furnished and does not extend to cases involving fraud or forgery of documents filed in court. Therefore, submission of forged bail verification documents to obtain fraudulent release on bail constitutes a serious cognizable offence under the IPC, and an FIR for such conduct is maintainable and cannot be quashed on the ground that Section 443 CrPC provides an alternative remedy.
On this section: Court analyzed the scope of Section 443 CrPC which provides power to order sufficient bail when that first taken is insufficient. The court held that this provision applies only to insufficiency of sureties, not to fraud or forgery in documents. The provision does not provide immunity from criminal prosecution for submitting forged documents.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 488
What have the courts held on Section 488 of the Bharatiya Nagarik Suraksha Sanhita?
Sajid Ali @ Guddu vs State of U.p. (18 May 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 443, which this section replaced -- the court never mentioned this Act: Power to order sufficient bail when that first taken is insufficient - court held this provision applies only to insufficiency of sureties, not to forgery of documents. Another 1 judgment on this section is set out below.
How do I find court cases under Section 488 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 488, section 488 BNSS, section 488 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sajid Ali @ Guddu vs State of U.p. (18 May 2023).
What should I read with Section 488 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 443 (Power to order sufficient bail when that first taken is insufficient), so the judgments decided under that provision are the case law on this one.
When did Section 488 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 488 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 488, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.