CrPC Forms 45, 46 and 47: Bail Bond, Discharge Warrant and Bond Attachment
Forms 45, 46 and 47 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. They dealt respectively with a bond and bail-bond for attendance before the officer in charge of a police station or a Court, a warrant to discharge a person imprisoned for failure to give security, and a warrant of attachment to enforce a bond.
The original page identified Form 45 with Sections 436, 436A, 437, 437A, 438(3) and 441; Form 46 with Section 442; and Form 47 with Section 446 of the CrPC. The forms below retain that statutory framework while correcting obvious typographical and layout errors in the earlier webpage.
Form No. 45 - Bond and Bail-Bond for Attendance Before Police Officer or Court
Form 45 was the prescribed CrPC form for recording the bond of an accused and, where required, the undertaking of the surety or sureties to secure attendance before the police officer or Court. The Second Schedule refers to Sections 436, 436A, 437, 437A, 438(3) and 441.
FORM No. 45
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT
[See sections 436, 436A, 437, 437A, 438(3) and 441]
I, __________ (name), of __________ (place), having been arrested or detained without warrant by the Officer in charge of __________ police station (or having been brought before the Court of __________), charged with the offence of __________, and required to give security for my attendance before such Officer or Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees __________.
Dated, this __________ day of __________, 20____.
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said __________ (name) that he shall attend the Officer in charge of __________ police station or the Court of __________ on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees __________.
Dated, this __________ day of __________, 20____.
(Signature)
Form No. 46 - Warrant to Discharge a Person Imprisoned on Failure to Give Security
Form 46 was linked to Section 442 CrPC. It was used where a person who had been committed to custody for failure to furnish security subsequently executed the required bond with surety or sureties and was therefore to be discharged, unless detention was required in another matter.
FORM No. 46
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
[See section 442]
To the Officer in charge of the Jail at __________
(or other officer in whose custody the person is)
WHEREAS __________ (name and description of prisoner) was committed to your custody under warrant of this Court, dated the __________ day of __________, and has since with his surety (or sureties) duly executed a bond under section 441 of the Code of Criminal Procedure;
This is to authorise and require you forthwith to discharge the said __________ (name) from your custody, unless he is liable to be detained for some other matter.
Dated, this __________ day of __________, 20____.
(Seal of the Court)
(Signature)
Form No. 47 - Warrant of Attachment to Enforce a Bond
Form 47 related to Section 446 CrPC, which governed the procedure when a bond was proved to have been forfeited. The form authorised attachment of movable property where the person had failed to pay the bond penalty or show sufficient cause against enforcement.
FORM No. 47
WARRANT OF ATTACHMENT TO ENFORCE A BOND
[See section 446]
To the Police Officer in charge of the police station at __________.
WHEREAS __________ (name, description and address of person) has failed to appear on __________ (mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees __________ (the penalty in the bond); and whereas the said __________ (name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;
This is to authorise and require you to attach any movable property of the said __________ (name) that you may find within the district of __________, by seizure and detention, and so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.
Dated, this __________ day of __________, 20____.
(Seal of the Court)
(Signature)
Relevant CrPC Provisions Explained
Section 436 - Bail in bailable offences
Section 436 required release on bail where a person other than one accused of a non-bailable offence was arrested or detained without warrant, or appeared or was brought before a Court, and was prepared to give bail. The provision also addressed release on a bond without sureties in the case of an indigent person.
Section 436A - Maximum detention of an undertrial prisoner
Section 436A limited pre-conviction detention by reference to the maximum term of imprisonment prescribed for the offence, subject to its statutory conditions, exclusions and the Court's power to order continued detention for recorded reasons in the circumstances permitted by the section.
Section 437 - Bail in non-bailable offences
Section 437 governed the power of a police officer or a Court other than the High Court or Court of Session to release a person accused or suspected of a non-bailable offence, subject to the restrictions and considerations stated in that section.
Section 437A - Bond to appear before the next appellate Court
Section 437A required the accused, before conclusion of the trial and before disposal of an appeal, to execute bail bonds with sureties for appearance before the higher Court if notice was issued in an appeal or petition against the judgment, with the bond remaining in force for the statutory period.
Section 438(3) - Effect of an anticipatory bail direction
Section 438 dealt with directions for grant of bail to a person apprehending arrest. Sub-section (3) addressed release when the person was subsequently arrested without warrant and was prepared to furnish bail, and the issue of a bailable warrant where a Magistrate taking cognizance decided that a warrant should issue in the first instance.
Section 441 - Bond of accused and sureties
Section 441 governed execution of bonds by the accused and, where required, sureties. The bond was directed to secure attendance at the time and place mentioned in it and continued to operate in accordance with the Code and the terms of the bond.
Section 442 - Discharge from custody
Section 442 provided for release where the required bond had been executed by a person in custody, subject to the person not being liable to detention in another matter. Form 46 supplied the corresponding warrant of discharge.
Section 446 - Procedure when a bond is forfeited
Section 446 set out the procedure for proof and enforcement of forfeiture of a bond. It required the Court to record the grounds of proof and call upon the person bound by the bond to pay the penalty or show cause. Form 47 was the prescribed attachment warrant used in enforcement of the bond penalty.
Pre-BNSS Use of These Forms
The CrPC, 1973 was the governing central criminal procedure law before the BNSS commenced on 1 July 2024. Section 531 of the BNSS repealed the CrPC but preserved specified pending proceedings under the old Code. Accordingly, these CrPC forms remain important for understanding and dealing with proceedings that continue under the saved CrPC framework, as well as for historical and legal reference.
Legal note: The correct Code is the Code of Criminal Procedure, 1973 (Act 2 of 1974). The earlier page description incorrectly referred to the "Code of Criminal Procedure 1979".