Section 442 CrPC - Discharge from Custody and Section 487 BNSS
Section 442 of the Code of Criminal Procedure, 1973 explains when a person must be released after execution of a bond. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 487, which refers expressly to a bond or bail bond.
Section 442 CrPC - Original statutory provision
442. Discharge from custody.
(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 487 BNSS - Current corresponding provision
487. Discharge from custody.
(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.
Meaning and legal effect of discharge from custody
1. Execution of bond or bail bond
Execution means completing the legally required bond formalities. A bond records the person's undertaking to comply with the stated obligations; a bail bond involves the applicable surety obligations. Under Section 487(1) BNSS, release follows execution of the required bond or bail bond, subject to other lawful grounds of detention.
2. Release order when the person is in jail
Where the person is in jail, the court admitting that person to bail must issue a release order to the officer in charge of the jail. The jail officer must act on receipt of the order, provided the person is not otherwise lawfully detained.
3. Separate cases or detention orders
Section 487(2) makes clear that release in one case does not override detention required in another case or on another lawful ground. For example, a person who obtains bail in one prosecution may remain in custody if a separate valid remand or detention order applies.
Related provisions on bail and sureties
Section 441 CrPC concerns bonds of accused persons and sureties (corresponding to Section 485 BNSS). Section 441A CrPC concerns declarations by sureties (Section 486 BNSS). Section 443 CrPC concerns insufficient sureties (Section 488 BNSS).
For the provisions expressly mentioned in Section 487(2), Section 478 BNSS addresses bail in bailable cases and Section 480 BNSS addresses bail in non-bailable cases. They correspond broadly to Sections 436 and 437 CrPC respectively.
Frequently asked questions
Does a bail order alone automatically secure release?
Not necessarily. Required bond or bail bond formalities and the court's release order must be completed where applicable. Other valid detention orders can prevent release.
Which BNSS section replaces Section 442 CrPC?
Section 487 BNSS, titled "Discharge from custody," is the corresponding provision.
Can a jail continue detention after bail is granted?
Yes, where another lawful basis for detention exists. Otherwise, the jail officer must comply with the release order upon receipt.
Official legal references
Read the official BNSS text hosted by the Bureau of Police Research and Development and consult the India Code legislative database for the applicable legislation, amendments and commencement information.
Updated: 19 October 2026. This article provides general legal information and does not replace advice based on the facts of an individual case.