Procedure in case of insolvency or death of surety or when a bond isforfeited
Section 447 of the Code of Criminal Procedure, 1973 deals with procedure in case of insolvency or death of surety or when a bond isforfeited. Procedure in case of insolvency or death of surety or when a bond is forfeited. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Procedure in case of insolvency or death of surety or when a bond is forfeited. When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original 1. Added by Act 63 of 1980, s.6 (w.e.f. 23-09-1980).
2. Ins. by s.7, ibid. (w.e.f. (23-09-1980).
order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
Section 447, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 493 Procedure in case of insolvency or death of surety or when a bond is forfeited Text carried over almost unchanged 87%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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… (2) to (5)………………………………………… (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offence covered under section 447 of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless— > (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and > (ii) where the Public Prosecutor opposes the …
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… (2) to (5)………………………………………… (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offence covered under section 447 of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless— > (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and > (ii) where the Public Prosecutor opposes the …
Questions about Section 447
What does Section 447 of the Code of Criminal Procedure deal with?
Section 447 of the Code of Criminal Procedure is headed "Procedure in case of insolvency or death of surety or when a bond isforfeited". Procedure in case of insolvency or death of surety or when a bond is forfeited.
How do I find court cases under Section 447 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 447, section 447 CRPC, section 447 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.
What should I read with Section 447 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 446 (Procedure when bond has been forfeited), 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 493 (Procedure in case of insolvency or death of surety or when a bond is forfeited), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 447 of the Code of Criminal Procedure come into force?
Section 447 of the Code of Criminal Procedure, cited as CRPC 447, 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.