Criminal Procedure | Bail and Bonds

Section 450 CrPC: Power to Direct Levy of Amount Due on Recognizances

Section 450 of the Code of Criminal Procedure, 1973 empowered a High Court or Court of Session to direct a Magistrate to recover money due under a bond for appearance or attendance before that higher court. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 496.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to its savings and transitional provisions under Section 531. For proceedings begun before that date, determine the applicable law from the savings provision and case circumstances.

Section 450 CrPC: statutory text

The High Court or Court of Sessions may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

This is the substantive provision in Section 450 of the Code of Criminal Procedure, 1973. It concerns the collection of an amount due on a recognizance or appearance bond connected with proceedings before a superior criminal court.

Section 496 BNSS: corresponding current provision

The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

Section 496 appears in Chapter XXXV of the BNSS, dealing with bail and bonds. It preserves the essential authority contained in former Section 450 CrPC. See the official NCRB-hosted BNSS chapter text.

Meaning of important legal terms

Recognizance or appearance bond
A legal undertaking, generally backed by a stated sum, to appear or attend before a court as required. A bond may involve the person bound and, where applicable, sureties.
Levy
The process of collecting an amount lawfully due under a bond. Section 450 CrPC and Section 496 BNSS identify who may direct a Magistrate to undertake that collection.
High Court
The constitutional court exercising jurisdiction over the relevant State or territory, including criminal appellate and supervisory jurisdiction.
Court of Session
A criminal court exercising sessions jurisdiction in accordance with the applicable procedural law.
Magistrate
A judicial officer authorised under the criminal procedure law to perform functions assigned by statute or lawful court direction.

When and how may the amount be levied?

  1. Bond for appearance or attendance: The underlying obligation must concern appearance or attendance before a High Court or Court of Session.
  2. Amount becomes due: Liability must be determined under the applicable bond and forfeiture provisions. A mere allegation of non-appearance does not by itself explain the full statutory process.
  3. Direction by superior court: The High Court or Court of Session may direct a Magistrate to levy the amount.
  4. Recovery by Magistrate: The Magistrate acts on that direction, subject to the relevant procedural requirements and any applicable judicial orders.

The word may indicates that the superior court has statutory power to issue a direction; Section 450 does not independently specify a fixed penalty, automatic recovery, or a separate appeal mechanism. For the forfeiture process, including recording reasons and an opportunity to show cause, consult Section 446 CrPC and corresponding Section 491 BNSS.

Practical example

Suppose a person executes a bond requiring attendance before a Court of Session. If the bond is lawfully forfeited and an amount becomes recoverable, the Court of Session may direct a Magistrate to levy the sum. Whether and how the sum is recovered depends on the bond, the forfeiture order, and the applicable statutory procedure.

Official legal sources

Frequently asked questions

What is Section 450 CrPC?

It empowers the High Court or Court of Session to direct a Magistrate to levy an amount due on a bond for appearance or attendance before that court.

Which BNSS provision corresponds to Section 450 CrPC?

Section 496 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Does Section 450 itself order automatic forfeiture?

No. It concerns a direction to levy an amount due; the applicable bond-forfeiture procedure must be considered separately.

This article is general legal information. The applicable procedure depends on the date and nature of the proceedings, the bond, and the court order.