Bond and Bail Bond Form No. 47 under BNSS 2023
Updated format of the statutory bond and bail-bond for attendance before the Officer in Charge of a Police Station or Court under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Current Bail and Bond Provisions under BNSS 2023
Chapter XXXV of the BNSS contains the principal provisions relating to bail and bonds. Section 478 deals with bail in bailable cases, section 479 with the maximum period for detention of an undertrial prisoner, section 480 with bail in non-bailable offences, section 481 with appearance of the accused before the next appellate Court, section 482 with anticipatory bail, and section 485 with the bond of the accused and sureties.
Section 484 further provides that the amount of a bond executed under the bail chapter must be fixed with due regard to the circumstances of the case and shall not be excessive. Section 486 requires every person standing surety for an accused to make a declaration before the Court concerning the number of persons for whom that person has stood surety, including the accused, with relevant particulars.
CrPC Form No. 45 and BNSS Form No. 47: Section Mapping
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Bail in bailable cases | Section 436 | Section 478 |
| Maximum period of undertrial detention | Section 436A | Section 479 |
| Bail in non-bailable offences | Section 437 | Section 480 |
| Appearance before next appellate Court | Section 437A | Section 481 |
| Anticipatory bail | Section 438 | Section 482 |
| Bond of accused and sureties | Section 441 | Section 485 |
| Statutory bond/bail-bond form | Form No. 45 | Form No. 47 |
Form No. 47 - Bond and Bail-Bond for Attendance Before Police Station or Court
FORM No. 47
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT
[See sections 478, 479, 480, 481, 482(3) and 485]
In the Court of:
Police Station: Next date of hearing:
Offence / Section(s):
FIR / Case No.:
Bond
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 .
Bail-Bond / Surety Bond
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said 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 bind myself (or we bind ourselves) to forfeit to Government the sum of rupees .
Dated this day of , 20 .
Section 485 BNSS - Bond of Accused and Sureties
Before a person is released on bail or on the person's own bond, the bond required by the police officer or Court must be executed for the amount fixed in the case. Where release is on bail, one or more sufficient sureties may also be required. The bond secures attendance at the time and place specified and continued attendance until otherwise directed.
If a condition is imposed while granting bail, that condition must also be incorporated in the bond or bail bond. Where the circumstances require, the bond may further bind the person released on bail to appear when called upon before the High Court, Court of Session or another Court to answer the charge.
For determining whether sureties are fit or sufficient, the Court may accept appropriate proof or conduct, or cause to be conducted, an inquiry into their sufficiency or fitness in accordance with the BNSS.
Surety Declaration and Bail Bond Amount
Under section 486 BNSS, every surety must make a declaration before the Court stating the number of persons for whom the surety has already stood surety, including the present accused, with the relevant particulars. This is in addition to any identity, address, financial-capacity or other documents required under local Court practice.
Section 484 requires the bond amount to be proportionate to the circumstances of the case and prohibits an excessive amount. The bond and surety amount written in the form should therefore correspond exactly with the bail order or direction of the competent police officer or Court.
When CrPC Form No. 45 May Still Be Relevant
Accordingly, the applicable bond form should be determined by the procedural law governing the particular proceeding. For a new proceeding governed by the BNSS, Form No. 47 and the BNSS section references should be used rather than treating old CrPC Form No. 45 as the current statutory form.
Official Legal References
Frequently Asked Questions
What replaced CrPC Form No. 45?
For proceedings governed by the BNSS, the corresponding statutory bond and bail-bond is Form No. 47 in the Second Schedule.
What replaced Section 441 CrPC?
Section 485 of the BNSS deals with the bond of the accused and sureties.
What are the principal BNSS sections shown on Form No. 47?
Form No. 47 refers to sections 478, 479, 480, 481, 482(3) and 485.
Can the bail bond amount be excessive?
No. Section 484 expressly requires the amount to be fixed with due regard to the circumstances of the case and states that it shall not be excessive.
Does a surety have to disclose earlier surety commitments?
Yes. Section 486 requires a surety to declare before the Court the number of persons for whom the person has stood surety, including the accused, with relevant particulars.