Deposit instead of recognizance
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with deposit instead of recognizance. When any person is required by any Court or officer to execute a bond or bail bond, 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 The Act came into force on 01 Jul 2024.
When any person is required by any Court or officer to execute a bond or bail bond, 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.
Section 490, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 445 Deposit instead of recognizance Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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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Brij Bhushan Sharma vs S.k.vashisht
Decided under Code of Criminal Procedure 445, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a bailable offence, the amount of bail bond must be fixed with due regard to the individual financial circumstances of the accused and the probability of absconding, not merely on the nature or number of charges. The amount shall not be excessive such that it renders the object of releasing the person on bail meaningless or amounts to denial of bail itself. Fixing an excessively high bail bond in a bailable offence effectively converts it into a non-bailable offence and violates the constitutional right to liberty. The bail bond is a guarantee for appearance, not a penalty or recovery mechanism.
On this section: The court cited Section 445 to highlight that courts have discretion to permit a person to deposit money or Government promissory notes in lieu of executing a bond, as an alternative mechanism to ensure release in bailable offences. The court directed that even if the reduced amount is paid under Section 445, the petitioner shall be released forthwith.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Dated, this day of , 20 . (Signature) " (emphasis supplied) - 18. It may be observed that though section 445 of the Cr.P.C. has been replaced by the section 490 of the Bharatiya Nagarik Suraksha Sanhita 2023 ("BNSS") with effect from 01.07.2024; and Form 45 is now substituted by Form 47 of the BNSS, such substitution has neither changed the substantive provision nor the contents of the Form as required in law. - 19. Learned Amicus Curiae has also drawn attention of …
Questions about Section 490
What have the courts held on Section 490 of the Bharatiya Nagarik Suraksha Sanhita?
Brij Bhushan Sharma vs S.k.vashisht (14 Nov 2003) is the leading judgment on this section among those set out below, though it was decided under CRPC 445, which this section replaced -- the court never mentioned this Act: The court cited Section 445 to highlight that courts have discretion to permit a person to deposit money or Government promissory notes in lieu of executing a bond, as an alternative mechanism to ensure release in bailable offences. The court directed that even if the reduced amount is paid under Section 445, the petitioner shall be released forthwith.
How do I find court cases under Section 490 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 490, section 490 BNSS, section 490 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 490 bnss in crpc and 490 bnss format. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Brij Bhushan Sharma vs S.k.vashisht (14 Nov 2003).
What should I read with Section 490 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 445 (Deposit instead of recognizance), so the judgments decided under that provision are the case law on this one.
When did Section 490 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 490 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 490, 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.