Criminal procedure | Bail bonds and sureties

Section 447 CrPC: Procedure When a Surety Dies, Becomes Insolvent or a Bond Is Forfeited

Section 447 of the Code of Criminal Procedure, 1973 deals with the requirement to provide fresh security when a surety becomes insolvent, dies or a bond is forfeited. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 493.

Current legal position: The BNSS came into force on 1 July 2024. Section 493 is the corresponding provision for proceedings governed by the BNSS. The repeal and savings provision in BNSS Section 531 must be considered for proceedings already pending under the CrPC.

What does Section 447 CrPC provide?

Section 447 addresses the situation in which security previously accepted by a court can no longer serve its intended purpose. It authorises the court that ordered the bond, or a Magistrate of the first class, to require replacement security in specified circumstances.

Section 447 CrPC - statutory text

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 securities in accordance with the directions of the original 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.

Corresponding provision: Section 493 BNSS

Section 493 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the procedure where a surety becomes insolvent or dies, or a bond is forfeited. The court may require fresh security in accordance with the original order. The current provision should be read together with BNSS Section 491, which deals with the procedure when a bond is forfeited.

Earlier CrPC provision	BNSS provision	Subject
Section 447	Section 493	Fresh security following insolvency or death of surety, or forfeiture of bond
Section 446	Section 491	Procedure when bond has been forfeited
Section 446A	Section 492	Cancellation of bond and bail bond

When may fresh security be ordered?

Insolvency of a surety: A person who stood as surety becomes insolvent, potentially undermining the financial security offered under the bond.
Death of a surety: A surety dies and can no longer perform the continuing obligations of the bond.
Forfeiture of a bond: A bond is forfeited under the relevant forfeiture provision, and replacement security is required under the original order.

Procedure and legal effect

Identify the event: The court determines whether the surety has died or become insolvent, or whether a bond has been forfeited.
Order fresh security: The court that directed the original bond, or a competent first-class Magistrate, may require fresh securities consistent with the original order.
Opportunity to comply: The person from whom security was originally demanded must furnish the replacement security as directed.
Failure to comply: The court may proceed as though the original order to furnish security had not been complied with. The consequences depend on the underlying order and other applicable provisions.

Section 447 is not itself a general rule for automatic cancellation of bail in every case involving a deceased or insolvent surety. It provides a mechanism for replacing security, subject to the original judicial order and applicable law.

Important legal terms

Surety: A person who undertakes an obligation under a bond to secure another person's compliance with specified conditions, commonly appearance before a court.

Bond: A legal undertaking requiring compliance with conditions imposed by law or by a court; the precise nature of a bond and bail bond is governed by the applicable statutory definitions and provisions.

Insolvency: A legal or financial condition involving inability to meet debts, relevant here because it may affect the adequacy of the security furnished.

Forfeiture: The legal consequence of a breach of bond conditions, dealt with procedurally under Section 446 CrPC or the corresponding BNSS provision.

Practical example

If an accused is released on bail supported by two sureties and one surety subsequently dies, the competent court may direct the accused to furnish a replacement surety in accordance with the original bail order. If the direction is not complied with, the court may take further steps permitted by law.

For the obligations of sureties and bail bonds, see Section 441 CrPC. For insufficient sureties, see Section 443 CrPC. For discharge at a surety's request, see Section 444 CrPC. For cancellation following breach, see Section 446A CrPC.

Official legal sources

India Code - official repository of Indian central legislation (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 493, and the Code of Criminal Procedure, 1973, Section 447).
Ministry of Home Affairs, Government of India - criminal law enactments and commencement notifications.
e-Gazette of India - published Acts and statutory notifications.

This article provides general statutory information, not advice on an individual bail or surety proceeding. Consult the applicable enactment, court order and local rules for case-specific requirements.