Section 487 BNSS: Discharge from custody (Formerly Section 442 CrPC)

Section 487 of Bharatiya Nagarik Suraksha Sanhita, 2023: Discharge from custody

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) As soon as the bond or bail 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 478 or section 480, 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 or bail bond was executed.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 487

Section 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 442 of the CrPC, 1973) dictates that as soon as the bail bond has been executed, the accused shall be released forthwith from custody.

Immediate Release Mandate: As soon as the bond has been executed, the person for whose appearance it has been executed shall be released.
Jail Release Order: If the person is in jail, the Court admitting them to bail shall issue an order of release to the officer in charge of the jail, and such officer shall immediately release them.
Prohibition of Unlawful Delay: Any delay by prison authorities in releasing a bailed prisoner after receipt of the release order constitutes illegal detention.

Key Landmark Precedents:

In re: Suo Motu Writ Petition (C) No. 4/2021 (FASTER System), (2021) 10 SCC 431: The Supreme Court directed the implementation of the FASTER system for digital transmission of bail orders, holding that bureaucratic delays by jail authorities in releasing prisoners after bail violates Article 21.
Kavita v. State (NCT of Delhi), (2000) 6 SCC 289: Affirmed that holding an accused in prison after the bail order is communicated creates actionable liability for unlawful confinement.

Courtroom Practice & Strategic Litigation Guidance:

Once bail bonds are accepted, obtain the electronic release warrant (release memo) immediately and verify that it is transmitted through the FASTER portal or special messenger to the jail superintendent for same-day release.