Bail Bond Format under BNSS 2023 - Form No. 47
Updated specimen 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 (BNSS).
Bail Bond under the Bharatiya Nagarik Suraksha Sanhita, 2023
Chapter XXXV of the BNSS contains the general provisions relating to bail and bonds. Section 478 deals with bail in bailable cases; section 479 concerns the maximum period for detention of undertrial prisoners; section 480 deals with bail in non-bailable offences; section 481 requires an accused released on bail to undertake to appear before the next appellate court; section 482 deals with anticipatory bail; and section 485 provides for execution of the bond of the accused and sureties.
Section 484 further requires the amount of every bond executed under the bail chapter to be fixed with due regard to the circumstances of the case and states that the amount shall not be excessive. Section 486 requires a person standing surety for an accused to make a declaration before the Court regarding the number of persons for whom the person has stood surety, including the accused.
Old CrPC Form No. 45 and Current BNSS Form No. 47
| Subject | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|---|
| Bail in bailable cases | Section 436 | Section 478 |
| Maximum detention of undertrial prisoner | Section 436A | Section 479 |
| Bail in non-bailable cases | Section 437 | Section 480 |
| Appearance before next appellate court | Section 437A | Section 481 |
| Anticipatory bail | Section 438, including sub-section (3) | Section 482, including sub-section (3) |
| Bond of accused and sureties | Section 441 | Section 485 |
| Statutory form for attendance before Police Station or Court | 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, BNSS 2023]
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 .
Surety / Sureties
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 .
Important Points Before Executing a Bail Bond
The bond amount should be the amount fixed by the police officer or Court and should not be excessive. Where conditions are imposed while granting bail, section 485(2) requires those conditions to be included in the bond or bail bond. Depending on the case, the bond may also require the accused to appear when called upon before the High Court, Court of Session or another Court.
The surety should provide correct particulars and comply with the declaration required under section 486. Courts may examine the sufficiency or fitness of sureties, and the exact supporting documents required for a surety can vary according to the Court, State rules and local practice.
Failure to comply with the attendance obligation can result in proceedings relating to forfeiture of the bond or bail bond under the BNSS. The form should therefore be completed consistently with the bail order and should not contain a bond amount, condition or date different from the order of the Court or competent police officer.
Bail Bond MS Word Format Download
The editable document may be used as a working draft. For a proceeding governed by the BNSS, update the document to Form No. 47 and the applicable BNSS section references before filing or execution.
Download Bail Bond in MS Word FormatOfficial BNSS References
Frequently Asked Questions
What is the current bail bond form under BNSS?
For attendance before the Officer in Charge of a Police Station or Court, the Second Schedule to the BNSS prescribes Form No. 47.
Which sections are printed on BNSS Form No. 47?
The statutory form refers to sections 478, 479, 480, 481, 482(3) and 485 of the BNSS.
What replaced CrPC Section 441?
The corresponding BNSS provision dealing with the bond of the accused and sureties is section 485.
Can a Court demand an excessive bail bond amount?
Section 484 of the BNSS states that the amount of every bond executed under the bail chapter must be fixed with due regard to the circumstances of the case and shall not be excessive.
Does the old CrPC still apply to any proceedings?
Yes. Section 531 of the BNSS preserves the CrPC procedure for specified appeals, applications, trials, inquiries and investigations that were already pending immediately before commencement of the BNSS.