CrPC Forms 51, 52 and 53: Bond Forfeiture Notices and Warrants
Forms 51, 52 and 53 in the Second Schedule to the Code of Criminal Procedure, 1973 prescribe court processes used when a bond is forfeited: commitment of a defaulting surety, notice to a person bound to keep the peace and attachment of movable property. The corresponding procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is in Section 491, but the BNSS form numbers differ.
Section 446 CrPC: Procedure when a bond is forfeited
Section 446 governed forfeiture of bonds for appearance or production of property before a court and other bonds taken under the Code. Once forfeiture was proved to the competent court, the court was required to record the grounds of proof and could call on the person bound to pay the penalty or show cause. If sufficient cause was not shown and payment was not made, recovery could proceed as for a fine. Where a surety's penalty could not be recovered, the court could order imprisonment in civil jail for a period not exceeding six months. The court could remit part of the penalty after recording reasons.
Current equivalent: Section 491 BNSS provides the corresponding forfeiture and recovery procedure. Sections 492 to 495 address cancellation of bonds, fresh security, bonds involving children and appeals from forfeiture orders.
Form 51 CrPC - Warrant of commitment of a surety
This warrant directs the civil jail to receive a surety after default under the bond, notice and opportunity to pay or show cause, unsuccessful recovery by attachment and sale of movable property, and a judicial order for imprisonment. The statutory conditions must be met; forfeiture alone does not automatically result in imprisonment.
FORM No. 51
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
(See section 446)
To the Superintendent (or Keeper) of the Civil Jail at ____________________
WHEREAS ____________________ (name and description of surety) has bound himself as a surety for the appearance of ____________________ (state the condition of the bond) and the said ____________________ (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said ____________________ (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for ____________________ (specify the period);
This is to authorise and require you, the said Superintendent (or Keeper), to receive the said ____________________ (name) into your custody with this warrant and to keep him safely in the said Jail for the said ____________________ (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this ____________________ day of ____________________, 20____
(Seal of the Court)
(Signature)
Form 52 CrPC - Notice of forfeiture of bond to keep the peace
The notice informs the principal that forfeiture has been proved and recorded, identifies the penalty and requires payment or an explanation within the specified period.
FORM No. 52
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE
(See section 446)
To ____________________ (name, description and address)
WHEREAS on the ____________________ day of ____________________, 20____, you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;
You are hereby called upon to pay the said penalty of rupees ____________________ or to show cause before me within ____________________ days why payment of the same should not be enforced against you.
Dated, this ____________________ day of ____________________, 20____
(Seal of the Court)
(Signature)
Form 53 CrPC - Warrant to attach property
After recorded forfeiture and failure to pay or show cause, the court may issue this warrant for seizure of movable property and its sale if the penalty remains unpaid, subject to the terms of the warrant and applicable law.
FORM No. 53
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE
(See section 446)
To ____________________ (name and designation of the police officer) at the police station of ____________________
WHEREAS ____________________ (name and description) did, on the ____________________ day of ____________________, 20____, enter into a bond for the sum of rupees ____________________ binding himself not to commit a breach of the peace, etc. (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ____________________ (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum;
This is to authorise and require you to attach by seizure movable property belonging to the said ____________________ (name) to the value of rupees ____________________, which you may find within the district of ____________________, and, if the said sum be not paid within ____________________, to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution.
Dated, this ____________________ day of ____________________, 20____
(Seal of the Court)
(Signature)
Corresponding forms under the BNSS Second Schedule
The BNSS renumbered the prescribed forms. The corresponding documents are BNSS Form 53 (warrant of commitment of the surety of an accused person admitted to bail), BNSS Form 54 (notice to the principal of forfeiture of bond to keep the peace) and BNSS Form 55 (warrant to attach the principal's property for breach of a bond to keep the peace). All refer to Section 491 BNSS. By contrast, BNSS Forms 51 and 52 concern notice to a surety for forfeiture of a good-behaviour bond and a warrant of attachment against a surety respectively.
Consult the official BNSS Second Schedule published by the National Crime Records Bureau, the BNSS on India Code and the CrPC on India Code for statutory wording and applicable amendments.
These templates reproduce the earlier CrPC forms for reference. A court-issued process must comply with the governing statute, relevant rules, judicial orders and any applicable transitional provisions.