Discharge from custody
Section 442 of the Code of Criminal Procedure, 1973 deals with discharge from custody. As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(2) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
Section 442, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 487 Discharge from custody Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Nunavath Shankar vs The State of Telangana
Court's Decision & Legal Precedent
When an accused who has been granted bail fails to appear in court and a Non-Bailable Warrant is executed leading to remand to judicial custody, the bail order does not stand automatically cancelled. However, the bonds executed by sureties stand automatically cancelled under Chapter XXXIII Cr.P.C. upon non-appearance of the accused. The proper remedy for the accused to seek bail reinstatement is not to file fresh bail applications, but to file an application or memo before the trial court to pay the penalty of the bond earlier forfeited. Only after payment of such penalty can fresh solvency be entertained for bail reinstatement. The accused must follow this procedure under Chapter XXXIII Cr.P.C., particularly Sections 442 and 450, rather than repeatedly filing bail applications.
On this section: Governs automatic cancellation of bonds upon non-appearance of accused
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Padmini vs State Rep.by
Court's Decision & Legal Precedent
When a vehicle is seized in connection with a criminal investigation and formal confiscation proceedings are initiated with proper notice to the owner, the owner's remedy for recovery of the property is not through a return of property petition in the criminal court, but through substantiating her claim before the confiscation authority in accordance with the statutory procedure prescribed under Section 14(4) of the Tamil Nadu Prohibition Act. The confiscation authority is obligated to provide the owner an opportunity to be heard and to pass orders on the merits of the claim.
On this section: Basis for filing Criminal Revision Petition; provides for revision of orders passed by subordinate courts
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 442
What have the courts held on Section 442 of the Code of Criminal Procedure?
Nunavath Shankar vs The State of Telangana (22 Jul 2014) is the leading judgment on this section among those set out below: Governs automatic cancellation of bonds upon non-appearance of accused. Another 1 judgment on this section is set out below. They run from 2014 to 2024.
How do I find court cases under Section 442 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 442, section 442 CRPC, section 442 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. 2 reported judgments on this section are set out on this page, beginning with Nunavath Shankar vs The State of Telangana (22 Jul 2014).
What should I read with Section 442 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 436 (In what cases bail to be taken), section 437 (When bail may be taken in case of non-bailable offence), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 487 (Discharge from custody), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 442 of the Code of Criminal Procedure come into force?
Section 442 of the Code of Criminal Procedure, cited as CRPC 442, 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.