Code of Criminal Procedure, 1973 · Chapter XXXIII: Provisions As to Bail and Bonds
Section 441: Bond of accused and sureties
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
Before release on bail or on one's own bond, the person must execute a bond for a sufficient sum, and for bail, one or more sufficient sureties must also sign, to attend as required until directed otherwise. Bail conditions are included in the bond.
- The court can accept affidavits on a surety's sufficiency or hold an inquiry.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. 1. Ins. by Act 22 of 2018, s. 22 (w.e.f. 21-4-2018). 2. Ins. by s. 23, ibid. (w.e.f. 21-4-2018).
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 441
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Girish Gandhi v. The State of Uttar Pradesh & Ors.
Multiple cases were filed against the petitioner. Though he was granted bail in all of them, he was not able to furnish multiple sureties. Is the petitioner entitled to the relief of treating the personal bond and one…
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Frank Vitus v. Narcotics Control Bureau & Ors.
The appellant was ordered to be enlarged on bail subject to various terms and conditions incorporated in the said order. The petitioner is aggrieved by the two conditions imposed while granting bail. The two conditions…
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Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the…