CrPC Forms 28, 29 and 30: Bail-Bond, Evidence Bond and Special Summons for Petty Offence
Forms 28, 29 and 30 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. This page explains their purpose and reproduces the formats in the context of the CrPC position immediately before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legal provisions connected with Forms 28, 29 and 30
Section 169 CrPC - Release of accused when evidence is deficient
Section 169 applied where, after investigation, the officer in charge of the police station found insufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate. If the person was in custody, the officer was to release the person on executing a bond, with or without sureties as directed, for appearance before the competent Magistrate if required. Form 28 provided the related bond and bail-bond format.
Section 170 CrPC - Cases to be sent to Magistrate when evidence is sufficient
Section 170 dealt with the course to be followed when investigation disclosed sufficient evidence or reasonable ground for sending the case to the Magistrate. It also required the police officer, in the circumstances specified by the section, to send necessary witnesses and require the complainant and relevant witnesses to execute bonds to appear before the Magistrate and prosecute or give evidence. Form 29 was the prescribed bond for that purpose.
Section 206 CrPC - Special summons in cases of petty offence
Section 206 permitted a Magistrate taking cognizance of a petty offence to issue a special summons in the prescribed form. Subject to the statutory conditions, the accused could plead guilty without personal appearance and transmit the plea and fine, or appear through a pleader and plead guilty through the pleader. For the pre-BNSS law, the statutory ceiling relevant to the special-summons procedure had been increased from Rs. 100 to Rs. 1,000 by amendment. Form 30 is the special summons format.
Form No. 28
Bond and Bail-Bond on a Preliminary Inquiry Before a Police Officer
See section 169
I, _________ (name), of _________, being charged with the offence of _________ and after inquiry required to appear before the Magistrate of _________
or
and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at _________ in the Court of _________, on the _________ day of _________ next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default therein, I bind myself to forfeit to Government, the sum of rupees _________.
Dated, this _________ day of _________, 20 _________
(Seal of the Court)
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said _________ (name) that he shall attend at _________ in the Court of _________, on the _________ day of _________ next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government, the sum of rupees _________.
Dated, this _________ day of _________, 20 _________
(Seal of the Court)
(Signature)
Form No. 29
Bond to Prosecute or Give Evidence
See section 170
I, _________ (name), of _________ (place) do hereby bind myself to attend at _________ in the Court of _________ at _________ o'clock on the _________ day of _________ next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of _________ against one A.B. and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees _________.
Dated, this _________ day of _________, 20 _________
(Seal of the Court)
(Signature)
Form No. 30
Special Summons to a Person Accused of a Petty Offence
See section 206
To _________ (Name of the accused)
of _________ (address)
WHEREAS your attendance is necessary to answer a charge of a petty offence _________ (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before _________ (Magistrate) of _________ on the _________ day of _________ 20 _________, or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of _________ rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorize such pleader. Herein fail not.
Dated, this _________ day of _________, 20 _________
(Seal of the Court)
(Signature)
Historical form note: Older printings of Form 30 referred to a fine not exceeding Rs. 100. Section 206(2), as amended before BNSS, treated a petty offence by reference to a fine not exceeding Rs. 1,000. The current statutory provision should therefore be checked when using an archived form.
This page is an informational reproduction and explanation of historical CrPC forms. Court, police and procedural requirements may depend on the date of the proceeding, local amendments, rules and transitional provisions.