BNSS on India Code Official BNSS PDF
Old CrPC provisions and corresponding BNSS provisions
| Earlier CrPC provision | Current BNSS provision | Subject |
|---|---|---|
| Section 436 CrPC | Section 478 BNSS | Bail in bailable cases |
| Section 436A CrPC | Section 479 BNSS | Maximum detention of undertrial prisoner |
| Section 437 CrPC | Section 480 BNSS | Bail in non-bailable cases |
| Section 437A CrPC | Section 481 BNSS | Appearance before next appellate Court |
| Section 438 CrPC | Section 482 BNSS | Anticipatory bail |
| Section 439 CrPC | Section 483 BNSS | Special powers of High Court/Court of Session regarding bail |
| Section 440 CrPC | Section 484 BNSS | Amount of bond and reduction |
| Section 441 CrPC | Section 485 BNSS | Bond of accused and sureties |
| Form No. 45 CrPC | Form No. 47 BNSS | Bond and bail-bond for attendance |
Is a separate affidavit compulsory with every bail bond?
No. A separate affidavit should not be described as an automatic statutory requirement in every bail-bond case. Section 485(4) BNSS provides that, for deciding whether sureties are fit or sufficient, the Court may accept affidavits in proof of the relevant facts, or may conduct or direct an inquiry into the sufficiency or fitness of the sureties.
Sample affidavit of surety for bail bond under BNSS
IN THE COURT OF ____________________________
AT ____________________________
BAIL APPLICATION / CASE NO. ________ OF 20____
| ____________________________ | Applicant / Accused |
| Versus | |
| State of ____________________ | Respondent |
AFFIDAVIT OF SURETY
I, ____________________________, son/daughter/spouse of ____________________________, aged about _____ years, resident of ________________________________________________________, do hereby solemnly affirm and state as follows:
1. That I am offering myself as surety for the accused/applicant ____________________________ in the above-mentioned case and am competent to swear this affidavit.
2. That the accused/applicant is known to me as ____________________________ and I am aware of my obligations as a surety under the bail bond and the order passed by this Hon'ble Court.
3. That my permanent/present address is ________________________________________________________. My identity/address document relied upon for verification is ____________________________, bearing No. ____________________________, subject to production before the Court if required.
4. That I am engaged/employed as ____________________________ at ____________________________ and my approximate lawful income is Rs. ________________ per month/year.
5. That I possess the following movable/immovable property or financial means, if required to be disclosed by the Court: ________________________________________________________.
6. That the particulars stated by me regarding my identity, residence, occupation and financial capacity are true and are furnished for consideration of my sufficiency and fitness as a surety.
7. That I undertake to be bound by the terms of the bail bond and by the conditions imposed by this Hon'ble Court. I understand that breach of the bond may entail proceedings in accordance with law.
8. That to the best of my knowledge, I am not disqualified from standing as surety in the present case. Details of any other subsisting surety obligations, if required to be disclosed, are: ________________________________________________________.
9. That this affidavit is being furnished in support of my proposed surety and for such verification or inquiry as this Hon'ble Court may consider necessary under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Place: ____________________
Date: _____________________
DEPONENT / SURETY
VERIFICATION
I, ____________________________, the above-named deponent, verify that the contents of paragraphs 1 to 9 are true and correct to my knowledge and belief and that no material fact relevant to my proposed surety has been concealed.
Verified at: ____________________
On: ___________________________
DEPONENT / SURETY
Form No. 47 under the BNSS
Form No. 47 in the Second Schedule is titled "Bond and Bail-Bond for Attendance before Officer in Charge of Police Station or Court." It refers to Sections 478, 479, 480, 481, 482(3) and 485 BNSS. The form records the accused's undertaking to attend the police officer or Court as required and the surety's undertaking regarding the accused's attendance.
Section 485 further provides that the bond or bail bond must incorporate any condition imposed while granting bail. Where necessary, it may also bind the released person to appear when called upon by the High Court, Court of Session or another Court to answer the charge.
Declaration by sureties under Section 486 BNSS
Section 486 separately deals with the declaration to be made by persons standing surety. Therefore, the Court may seek particulars concerning the surety and other persons for whom that surety has already stood surety, as contemplated by the current statutory scheme. These requirements are distinct from an affidavit offered under Section 485(4) to establish the surety's fitness or sufficiency.
Current bail provisions under BNSS
Section 478 - Bailable offences
Where a person other than one accused of a non-bailable offence is arrested or detained without warrant, or appears or is brought before a Court, and is prepared to furnish bail, the person is to be released on bail in accordance with Section 478. The provision also contains protection for an indigent person unable to furnish surety.
Section 480 - Non-bailable offences
Section 480 governs bail in non-bailable offences before an officer in charge of a police station or a Court other than the High Court or Court of Session, subject to the statutory restrictions, exceptions and conditions contained in that section.
Section 482 - Anticipatory bail
A person who has reason to believe that he or she may be arrested on accusation of committing a non-bailable offence may apply to the High Court or Court of Session for a direction that, in the event of arrest, the person be released on bail, subject to Section 482 and its statutory exclusions and conditions.
Section 483 - High Court and Sessions Court
Section 483 confers special powers on the High Court and Court of Session regarding bail, including power to release an accused in custody on bail, modify or set aside specified bail conditions and, where legally permissible, direct arrest of a person previously released on bail.
Section 484 - Bond amount must not be excessive
The amount of every bond under the bail chapter must be fixed with due regard to the circumstances of the case and must not be excessive. The High Court or Court of Session may direct reduction of bail required by a police officer or Magistrate.
Documents commonly produced by a surety
The precise requirements vary by Court and bail order. Common documents may include proof of identity, proof of residential address, photograph, employment or income particulars, property or financial documents where required, the Court's surety declaration, and an affidavit where the Court requires or accepts one for proof of the surety's sufficiency or fitness.
Frequently asked questions
Is Form No. 45 still the current bail-bond form?
Form No. 45 belongs to the former CrPC framework. Under the BNSS Second Schedule, the corresponding current bond and bail-bond for attendance is Form No. 47.
What replaced Section 437 CrPC?
Section 480 BNSS is the current provision dealing with bail in non-bailable offences before the competent police officer or Court other than the High Court or Court of Session.
What replaced Section 438 CrPC for anticipatory bail?
Section 482 BNSS governs a direction for grant of bail to a person apprehending arrest.
Must every surety own immovable property?
The BNSS does not state a universal rule that every surety must own immovable property. The Court considers the sufficiency and fitness of the proposed surety, subject to the bail order, applicable rules and local practice.
Can the Court verify the surety?
Yes. Section 485(4) allows the Court to accept affidavits concerning sufficiency or fitness, and the Court may also conduct an inquiry itself or cause an inquiry to be made by a subordinate Magistrate.