Deposit instead of recognizance
Section 445 of the Code of Criminal Procedure, 1973 deals with deposit instead of recognizance. When any person is required by any Court or officer to execute a bond with or without sureties, 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 ex 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When any person is required by any Court or officer to execute a bond with or without sureties, 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 445, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 490 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 The repealed enactment still governs what happened while it was in force.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
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.
Questions about Section 445
What have the courts held on Section 445 of the Code of Criminal Procedure?
Brij Bhushan Sharma vs S.k.vashisht (14 Nov 2003) is the leading judgment on this section among those set out below: 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 445 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 445, section 445 CRPC, section 445 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. 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 445 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 490 (Deposit instead of recognizance), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 445 of the Code of Criminal Procedure come into force?
Section 445 of the Code of Criminal Procedure, cited as CRPC 445, 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.