CrPC 447: Section 447 of the Criminal Procedure Code

December 16, 2014

Procedure in case of insolvency or death of surety or when a bond is forfeited

When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

CrPC 446A: Section 446A of the Criminal Procedure Code

December 16, 2014

Cancellation of bond and bail bond

Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition-

  1. the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and
  2. thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.

CrPC 446: Section 446 of the Criminal Procedure Code

December 16, 2014

Procedure when bond has been forfeited

  1. Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred, that the bond has been forfeited,
    or where in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited,
    the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.Explanation – A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property before any Court to which the case may subsequently be transferred.
  2. If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code:Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
  3. The Court may, 2 [after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
  4. Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
  5. Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

CrPC 445: Section 445 of the Criminal Procedure Code

December 16, 2014

Deposit instead of recognizance

When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court of officer may if in lieu of executing such bond.

CrPC 444: Section 444 of the Criminal Procedure Code

December 16, 2014

Discharge of sureties

  1. All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
  2. On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
  3. On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

CrPC 443: Section 443 of the Criminal Procedure Code

December 16, 2014

Power to order sufficient bail when that first taken is insufficient

If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do, may commit him to jail.

CrPC 442: Section 442 of the Criminal Procedure Code

December 16, 2014

Discharge from custody

  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.
  1. 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.

CrPC 441A: Section 441A of the Criminal Procedure Code

December 16, 2014

Declaration by sureties

Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

CrPC 441: Section 441 of the Criminal Procedure Code

December 16, 2014

Bond of accused and sureties

  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.
  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 inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

CrPC 440: Section 440 of the Criminal Procedure Code

December 16, 2014

Amount of bond and reduction thereof

  1. The amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
  2. The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
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