Amount of bond and reduction thereof
Section 440 of the Code of Criminal Procedure, 1973 deals with amount of bond and reduction thereof. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
Section 440, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 484 Amount of bond and reduction thereof 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 The repealed enactment still governs what happened while it was in force.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.
-
Satender Kumar Antil vs Central Bureau of Investigation
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Amount of bond and reduction thereof; bond not to be excessive
-
Brij Bhushan Sharma vs S.k.vashisht
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 held that Section 440 mandates that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive. The court emphasized that this is a mandatory provision and that 'excessive' means the bond should not render the object of releasing the person on bail meaningless or amount to denial of bail itself.
-
Kondishetti Nageswararao vs State of Telangana
Court's Decision & Legal Precedent
An accused who has been granted regular bail but subsequently absents himself from court on the date of trial commencement, necessitating issuance of a non-bailable warrant, and whose application to recall such warrant is dismissed, is not entitled to further bail relief merely by filing another bail application. The proper remedy is to pay the penalty to the earlier bond and file a fresh bail application with solvency as per the earlier bail conditions. The bail order itself remains in force even after bonds are cancelled; only the bonds cease to have force. General bail provisions of Criminal Procedure Code apply to NDPS cases except those specifically provided under Section 37 of the NDPS Act.
On this section: Provisions relating to bonds; court held that bonds executed by accused and sureties ceased to have force by cancellation due to execution of non-bailable warrant
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 440
What have the courts held on Section 440 of the Code of Criminal Procedure?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below: Amount of bond and reduction thereof; bond not to be excessive. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2003 to 2022.
How do I find court cases under Section 440 of the Code of Criminal Procedure?
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: CRPC 440, section 440 CRPC, section 440 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022).
What should I read with Section 440 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 484 (Amount of bond and reduction thereof), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 440 of the Code of Criminal Procedure come into force?
Section 440 of the Code of Criminal Procedure, cited as CRPC 440, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.