Criminal Procedure | Bail and Bonds

Section 445 CrPC: Deposit Instead of Recognizance

Section 445 of the Code of Criminal Procedure, 1973 permitted a court or officer to accept a money deposit or Government promissory notes in place of executing a bond, subject to an express exception for good-behaviour bonds. The corresponding current provision is Section 490 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current law: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to statutory savings and transitional provisions under Section 531 BNSS. Which procedure governs a particular proceeding depends on those provisions.

Section 445 CrPC - Statutory text

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 490 BNSS - Current corresponding provision

When any person is required by any Court or officer to execute a bond or bail bond, 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.

The new wording refers expressly to a bond or bail bond, replacing the older phrase bond with or without sureties. The authority to permit a deposit remains discretionary: the section does not create an automatic entitlement to substitute cash for every bail or security requirement.

Meaning and scope of deposit instead of recognizance

Recognizance or bond is an undertaking to comply with conditions such as appearance before an authority or court. A bail bond involves an undertaking supported by surety or sureties as required under the applicable bail order. Government promissory notes are Government debt instruments that the law permits to be accepted in the specified circumstances.

The Court or authorised officer determines whether substitution is appropriate and fixes the amount. The statutory exception means a bond for good behaviour cannot be replaced through this provision. A deposit should not be treated as an unconditional release order: all other lawful bail conditions and orders continue to matter.

How a deposit may be considered

  1. The person identifies the bond or bail bond required by the relevant court or officer.
  2. A request is made for permission to deposit money or Government promissory notes instead of executing that bond.
  3. The court or officer decides whether the statutory discretion should be exercised and specifies the amount and accepted mode of deposit.
  4. Any deposit and release are processed under the order and applicable court or administrative procedure.

Section 490 does not itself prescribe a fixed deposit amount, guarantee acceptance of cash in every case, or override other grounds of detention.

West Bengal state amendment to Section 445 CrPC

The original CrPC text recorded a West Bengal amendment under West Bengal Act 24 of 2003, Section 4. It provided that, in Section 445 of the principal Act:

(a) the words "with or without sureties" shall be omitted; and

(b) for the word "permit", the word "direct" shall be substituted.

This is a historical state amendment to the CrPC. Its operation in a particular saved proceeding, and whether any corresponding state adaptation applies under the BNSS, must be checked against the applicable current state legislation and commencement provisions. It should not automatically be read into the central text of Section 490 BNSS.

Frequently asked questions

What is the equivalent of Section 445 CrPC in BNSS?

Section 490 BNSS, titled "Deposit instead of recognizance", is the corresponding provision.

Can a court accept money instead of a surety bond?

Section 490 permits a court or officer to allow a money deposit or Government promissory notes in lieu of a bond or bail bond, where the provision applies. The decision is discretionary.

Does the provision cover good-behaviour bonds?

No. Both Section 445 CrPC and Section 490 BNSS expressly exclude bonds for good behaviour.

Is the CrPC still relevant after 1 July 2024?

Yes, for legal history and proceedings governed by the savings and transitional rules in Section 531 BNSS. The governing law should be assessed for each case.

Official legal references

Legal information for general reference. Consult the latest official statutory text, applicable state law and relevant court orders before relying on a provision in a specific matter.