Power to order sufficient bail when that first taken is insufficient
Section 443 of the Code of Criminal Procedure, 1973 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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 443, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 488 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 The repealed enactment still governs what happened while it was in force.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.
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.
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.
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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… Really speaking, the provisions of Section 441 of the Criminal Procedure Code are imperative in character and ought to be strictly followed. As a matter of fact, the contract of the surety and the contract of the person released on bail are independent to each other. Added further, Section 443 of the Code of Criminal Procedure deals with the power of Court to order sufficient bail when that first taken is insufficient. In fact, the word 'otherwise' must be interpreted ejusdem generis as per decision in Leela Daulatram Uttamchandani V. Assistant Collector of Customs, [1986 (1) Crimes 683, 686 (Bom)]. …
Questions about Section 443
What have the courts held on Section 443 of the Code of Criminal Procedure?
Sajid Ali @ Guddu vs State of U.p. (18 May 2023) is the leading judgment on this section among those set out below: 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 443 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 443, section 443 CRPC, section 443 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 Sajid Ali @ Guddu vs State of U.p. (18 May 2023).
What should I read with Section 443 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 488 (Power to order sufficient bail when that first taken is insufficient), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 443 of the Code of Criminal Procedure come into force?
Section 443 of the Code of Criminal Procedure, cited as CRPC 443, 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.