CrPC Section 442 is now BNSS 487: Discharge from custody

Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024

ChangedCrPC 442 → BNSS 487

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: The words "bail bond" are added in subsection (1) and (2).

Printed in both official correspondence tables (BPR&D and NCRB).

CrPC 442: Discharge from custody

Before 1 July 2024

(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.

BNSS 487: Discharge from custody

From 1 July 2024

(1) As soon as the bond or bail 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 478 or section 480, 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 or bail bond was executed.

Everything BNSS 487 replaced →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 442

They remain the law on CrPC 442. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.