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CrPC Section-446 - Procedure when bond has been forfeited

Description

  • Bond Forfeiture: If a bond under this Code, whether for appearance or for the production of property, is forfeited, and this is proven to the satisfaction of the Court, or any Court to which the case is transferred, the Court shall record the grounds for this proof. The Court may then call upon any person bound by the bond to pay the penalty or to show cause why it should not be paid.

  • Penalty Recovery: If no sufficient cause is shown and the penalty is not paid, the Court may recover the penalty as if it were a fine imposed under this Code. If the penalty cannot be recovered in this manner, the Court may order that the surety be imprisoned in civil jail for up to six months.

  • Partial Remission: The Court may, after recording its reasons, remit part of the penalty and enforce payment for the remaining amount.

  • Death of Surety: If a surety to a bond dies before the bond is forfeited, their estate will be discharged from any liability under the bond.

  • Conviction of a Person with Security: If a person who provided security under sections 106, 117, or 360 is convicted of an offence that breaches the conditions of their bond, or of a bond executed in lieu of that bond under section 448, a certified copy of the judgment of conviction may be used as evidence in proceedings against their surety. The Court shall presume the offence was committed unless proven otherwise.

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