READ DISCLAIMER



Q. Explain general provisions concerning bond [Sec 441 - 450]. Explain the procedure that is followed when a bond is forfeited [Section 446].

Bond
As per Section 441, before any person is released on bail or is released on his own bond, a bond for an appropriate sum of money shall be executed by the person and if required by one or more sureties, stating that the person will appear before the court at the given date and time mentioned in the bond.
In other words, a bonds provides a kind of monetary guarantee that the person being released will appear before the court as and when required.

General Provisions of Bonds -  ( ABNRI DDFFIMAL)
Section 440 - Amount of bond should not be excessive. High Court and Court of Session have power to reduce the amount.
Section 441 - Court may accept affidavits in proof of fitness of sureties or it may also hold an inquiry to determine the sufficiency of sureties.
Section 441 A - Every surety must state the number of person he is currently standing surety for.
Section 442 - As soon as the bond is executed, the person should be released.
Section 443 - 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 and may ask him to provide fresh sureties.
Section 444 - A surety can apply to be discharged from the bond, in which case, the person for whom the surety is given will be arrested and asked to provide new surety.
Section 445 -  A court may permit a person to deposit money instead of executing a bond with or without sureties.
Section 446 -  If a bond is forfeited, the sureties may be asked to pay the penalty.
Section 446 A - When a bond for appearance of a person is forfeited for a breach of condition, the bond executed by the person and the sureties shall stand canceled.
Section 447 - If a surety becomes insolvent or dies, the court may ask for new sureties.
Section 448 - If the person from whom bond is required is minor the court may accept a bond executed by sureties only.
Section 449 - Appeal from orders under Section 446 will lie to Sessions Judge if the order is made by a magistrate and to High Court if the order is made by Sessions Judge.
Section 450 - The High Court or Court of Session may direct any magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Session Court.

Procedure on forfeiture of a Bond
If the court is satisfied that the bond has been forfeited -
    1. It may ask any person bound by the bond to pay penalty or to show cause why it should not be paid.
    2. If sufficient cause is not shown and penalty is not paid, the court may proceed to recover the same as if the penalty was a fine imposed by the court.
    3. If the penalty cannot be recovered, the person bound as surety is liable to be imprisoned in civil jail for up to 6 months
    4. The court may remit any portion of the penalty and require the payment in part. It must record its reasons for doing so.
    5. If a surety to a bond dies, his estate shall be discharged from all liability in respect of the bond.