Chapter XXXII
Section 442 CrPC: Discharge from custody
New Law Update (2024)
Section 487 BNSS
TRIAL COURT
Punishment
Procedural – Bail
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(2) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
Important Sub-Sections Explained
Section 442(1)
This sub-section mandates the immediate release of a person once their bail bond has been properly executed and accepted by the court. If the person is in jail, the court grants a release order to the jail authorities, who are then legally bound to free the individual without delay.
Section 442(2)
This crucial sub-section clarifies that the right to release under Section 442 (or Sections 436 and 437) only applies to the specific case for which the bail bond was furnished. It explicitly states that release is not required if the person is also being lawfully detained for any other unrelated legal matter or offence.
Landmark Judgements
K. Surendran v. State of Kerala (2019):
The Supreme Court reiterated that once bail is granted and the conditions including execution of a bond are fulfilled, the person concerned must be released forthwith. Any undue delay by jail authorities in processing the release order after its receipt from the court is impermissible, emphasizing the mandatory nature of Section 442(1).
State of Gujarat v. Raghunath (1998):
The High Court clarified the scope of sub-section (2) of Section 442, holding that if a person is detained for matters entirely separate from the case for which bail was granted and bond executed, their release under Section 442 is not mandated for those other detentions. It underscores that release is only in respect of the specific case covered by the bond.