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Section 442 — Discharge from custody
442
442
Discharge from custody
Code of Criminal Procedure, 1973
Chapter XXXIII Provisions as to Bail and Bonds
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Release From CustodyBail ProcessCourt ProcedureLegal Rights
🗣️ Simple Explanation
What does this law say? Section 442 of the CrPC explains how a person is released from jail after getting bail. Once the bond is signed, the person is released. The jailer gets an order to release them.
Why does this law exist? It ensures that people are released promptly after bail is granted. It protects their right to freedom.
Real-life impact This section affects you if you're in jail and get bail. Once the bond is signed, you'll be released. The court sends an order to the jail. The jailer then releases you.
What happens if you break this law? This section doesn't directly punish you. However, if you violate bail conditions, you could be arrested and jailed again.
💡 Real Life Example

Rahul gets bail. He signs the bond. The court issues an order to the jail. Under Section 442, the jailer releases him. He is now free to go.
Priya is in jail. She gets bail. The court sends the release order. The jailer follows the order. She is discharged from custody under Section 442.
Amit is released on bail. He must still attend court. He must follow all conditions. If he doesn't, he could be arrested again. This is separate from Section 442.

🛡️ KNOW YOUR RIGHTS
  • •Ensure the bond is executed correctly.
  • •Confirm the release order is sent.
  • •Understand your bail conditions.
  • •Seek legal help if there are delays.
  • •Know your rights after release.
❓ FREQUENTLY ASKED QUESTIONS
After bail is granted, you sign a bond. The court then issues a release order. This order goes to the jail. The jailer releases you. This process is explained in Section 442 of the CrPC. Make sure all steps are followed correctly.
If the jail doesn't release you, contact your lawyer immediately. Your lawyer can ensure the release order is received. They can also help resolve any issues. You have the right to be released promptly after bail is granted.
Yes, Section 442 applies to most cases where bail is granted. However, it doesn't apply if you're held for another reason. For example, if you're also being held for a different crime. The section focuses on the release process after bail.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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