What is Amount of bond and reduction thereof? What is Bond of accused and sureties? What is Discharge from custody? Section 440, 441 and 442 of Code of Criminal Procedure 1973

Amount of bond and reduction thereof, Bond of accused and sureties and Discharge from custody are defined under Section 440, 441 and 442 of CRPC 1973. Provisions under these sections are:

Section 440 of CRPC "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 the Court of Sessions may direct that the bail required by a police officer or Magistrate be reduced.

Section 441 of CRPC "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 Sessions 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 enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

Section 442 of CRPC "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.

(2) 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.

PROVISIONS AS TO BAIL AND BONDS

In what cases bail to be taken? When bail may be taken in case of non bailable offence? Section 436 and 437 of Code of Criminal Procedure 1973

What is direction for grant of bail to person apprehending arrest? Section 438 of Code of Criminal Procedure 1973

What is Special powers of High Court or Court of Sessions regarding bail? Section 439 of Code of Criminal Procedure 1973

What is Amount of bond and reduction thereof? What is Bond of accused and sureties? What is Discharge from custody? Section 440, 441 and 442 of Code of Criminal Procedure 1973

What is Power to order sufficient bail when that first taken is insufficient? What is Discharge of sureties? What is Deposit instead of recognisance? Section 443, 444 and 445 of Code of Criminal Procedure 1973

What is the Procedure when bond has been forfeited? What is Cancellation of bond and bail bond? Section 446 and 446A of Code of Criminal Procedure 1973

What is the Procedure in case of insolvency of death of surety or when a bond is forfeited? When Bond required from minor? What is the procedure in Appeal from orders under Section 446? What is Power to direct levy of amount due on certain recognizances? Section 447, 448, 449 and 450 of Code of Criminal Procedure 1973

 

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