Bond of accused and sureties
Section 441 of the Code of Criminal Procedure, 1973 deals with bond of accused and sureties. Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person sh 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition, is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either, hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Section 441, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 485 Bond of accused and sureties Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application seeking exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying the summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor such 'non-appearance' is a breach of condition of the bond either of a person who is on bail or of a surety that such a person shall attend at the time and place mentioned in the bond. Therefore, no court shall forfeit personal bond or surety bond or issue warrant of arrest merely because an exemption application is rejected.
On this section: Bond of accused and sureties must be conditioned that person shall attend at time and place mentioned in bond; rejection of exemption application does not breach this condition
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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor can such 'non-appearance' be a breach of condition of the bond either of a person on bail or of a surety. Therefore, no court shall forfeit personal bond or surety bond or issue non-bailable warrants merely because an exemption application is rejected. The only permissible course is to direct the accused to appear or issue summons.
On this section: Bond of accused and sureties. Bond conditions require accused to attend at time and place mentioned and continue to attend until otherwise directed. Rejection of exemption does not breach this condition.
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Nandhi Raghu vs The State of Telangana
Court's Decision & Legal Precedent
In cases involving serious offences punishable with death or life imprisonment, bail may be granted under Section 439 CrPC if the evidence against the accused is weak or insufficient, provided stringent conditions are imposed to ensure the accused's appearance in court, prevent interference with investigation, and safeguard the interests of justice. The court must balance the seriousness of the charge with the strength of evidence and the accused's personal circumstances.
On this section: Relate to forfeiture of bonds and penalties; cited in the context of procedures for dealing with forfeited bail bonds
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Pratap Singh Gaekwad vs State of Nct of Delhi
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance in criminal proceedings, by no stretch of imagination, can come within the ambit of either absconding, not obeying summons, or non-appearance despite proof of due service of summons as contemplated by Sections 87 and 89 CrPC. Therefore, rejection of such an application cannot be grounds for issuing warrants of arrest, forfeiting personal bonds, forfeiting surety bonds, or issuing notice to sureties. The only proper course when exemption is rejected is to direct the accused to appear on the next date or to issue summons for appearance under Section 205 CrPC. Before forfeiting any bond under Section 446 CrPC, the court must satisfy itself about proof of breach of bond conditions and must record reasons of such proof in writing.
On this section: Relates to execution of bond by person released on bail and bond by sureties; establishes conditions that must be met for bond forfeiture
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Anasuya Ganapati Hegde vs The State of Karnataka by Its Secretary
Court's Decision & Legal Precedent
When an accused voluntarily surrenders before the trial court after conviction, the procedure prescribed under Section 418 CrPC for issuing arrest warrants does not apply. Bail granted by the Supreme Court pending appeal automatically expires upon dismissal of the appeal without requiring an express order of cancellation, as the bail order itself limits the bail to the pendency of the appeal. The Supreme Court Registry has the authority under Supreme Court Rules, 1966, to draft decrees and communicate them to trial courts for execution, and such communication does not constitute an alteration of the Supreme Court judgment. Therefore, the arrest warrant issued by the Sessions Court after receiving the Supreme Court's order was legal and did not violate the accused's constitutional rights.
On this section: Cancellation of bail bonds; petitioner argued Supreme Court should have expressly cancelled bail under this section
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 441
What have the courts held on Section 441 of the Code of Criminal Procedure?
Pratap Singh Gaekwad vs State of Nct of Delhi (30 Oct 2003) is the leading judgment on this section among those set out below: Bond of accused and sureties must be conditioned that person shall attend at time and place mentioned in bond; rejection of exemption application does not breach this condition. Another 4 judgments on this section are set out below. They run from 2000 to 2018.
How do I find court cases under Section 441 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 441, section 441 CRPC, section 441 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. 5 reported judgments on this section are set out on this page, beginning with Pratap Singh Gaekwad vs State of Nct of Delhi (30 Oct 2003).
What should I read with Section 441 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 485 (Bond of accused and sureties), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 441 of the Code of Criminal Procedure come into force?
Section 441 of the Code of Criminal Procedure, cited as CRPC 441, 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
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- 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.