Section 444 CrPC: Discharge of Sureties and Section 489 BNSS
Legal reference updated: 19 October 2026
A person who stands surety for an accused on bail may seek release from the obligation. Section 444 of the Code of Criminal Procedure, 1973 (CrPC) provided the procedure for discharge of sureties. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 489.
What is discharge of sureties?
A surety is a person who undertakes obligations under a bail bond to secure the appearance of an accused before the court. Discharge of sureties means the court formally releases one or more sureties from their bond obligations in accordance with the statutory procedure. It is not the same as acquittal of the accused or automatic cancellation of bail.
Section 444 CrPC - statutory provision
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
Section 489 BNSS - current corresponding provision
Section 489 of the BNSS, titled Discharge of sureties, substantially carries forward the three subsections of Section 444 CrPC. It permits all or any sureties to apply to a Magistrate, provides for production of the accused, and directs discharge of the relevant bond upon the accused appearing or surrendering, with replacement sureties required where appropriate.
Read the enacted wording in the official BNSS text published by India Code, particularly Section 489, and the India Code BNSS Act record.
Procedure for a surety seeking discharge
- Apply to the Magistrate: All or any of the sureties may apply for discharge of the bond, wholly or to the extent of their own undertaking.
- Secure the accused's appearance: Under the central text, the Magistrate issues a warrant directing that the person released on bail be brought before the court. The provision also expressly contemplates voluntary surrender.
- Discharge the bond: Once the accused appears pursuant to the warrant or voluntarily surrenders, the Magistrate directs discharge of the bond wholly or insofar as it relates to the applicants.
- Provide replacement sureties: The accused is called upon to furnish other sufficient sureties. If the accused fails, the Magistrate may commit the accused to jail.
West Bengal state amendment to Section 444 CrPC
The original CrPC provision carried a West Bengal amendment under West Bengal Act 24 of 2003, Section 3. It provided the following changes to Section 444:
- In subsection (1), after the words
at any time
, the wordson showing sufficient cause,
were inserted. - A new subsection (1A) permitted the Magistrate to hold an inquiry personally or through a subordinate Magistrate into the correctness of the reason stated in the discharge application.
- Subsection (2) was replaced to provide that, if satisfied after the inquiry that the applicant sureties may be discharged, the Magistrate shall issue a warrant directing that the accused be brought before the court.
Applicability note: This is a state amendment to the former CrPC text. Its continuing effect in any particular proceeding after commencement of the BNSS must be examined against applicable state legislation, notifications and the saving provisions; it should not automatically be read into the central text of Section 489 BNSS.
Practical implications
A surety who no longer wishes to remain responsible should seek a formal court order rather than assume that the undertaking ends merely by giving notice. The court's discharge order and the accused's compliance with directions about fresh sureties are central to the process. The consequences of an alleged breach or forfeiture of an existing bond may require separate examination under the relevant bail-bond provisions.
Related bail and bond provisions
For context, see Section 441 CrPC - Bond of accused and sureties, Section 443 CrPC - Insufficient sureties, Section 445 CrPC - Deposit instead of recognizance, and Section 446 CrPC - Forfeiture of bond. Under the BNSS, the corresponding central provisions are Sections 485, 488, 490 and 491 respectively.
Official legal sources
Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code PDF | BNSS official Act record | BNSS text - Bureau of Police Research and Development
This article provides general legal information, not advice for a particular case. Court orders, applicable state amendments and transitional rules may affect the result.