CrPC Forms 54, 55 and 56: Warrants on Forfeiture of Bonds
Forms 54, 55 and 56 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. They prescribed warrant formats used after forfeiture of bonds to keep the peace or for good behaviour, and each form referred to Section 446 CrPC.
Meaning and purpose of Section 446 CrPC
Section 446 of the Code of Criminal Procedure, 1973 dealt with the procedure following forfeiture of a bond. In substance, where a bond for appearance, production of property, keeping the peace, good behaviour, or another purpose under the Code was proved to the satisfaction of the competent Court to have been forfeited, the Court could record the grounds of such proof and require the person bound by the bond to pay the penalty or show cause against payment. If sufficient cause was not shown and the penalty remained unpaid, the Code permitted recovery in the manner prescribed by the section, including attachment and sale of movable property and, in the circumstances provided by law, civil imprisonment.
Forms 54 to 56 were therefore execution formats connected with the consequences of forfeiture. Form 54 concerned breach of a bond to keep the peace. Forms 55 and 56 concerned forfeiture of a bond for good behaviour.
Form No. 54
Warrant of imprisonment on breach of a bond to keep the peace
See Section 446 CrPC
To the Superintendent (or Keeper) of the Civil Jail at __________.
WHEREAS proof has been given before me and duly recorded that __________ (name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees __________; and whereas the said __________ (name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said __________ (name) in the Civil Jail for the period of __________ (term of imprisonment);
This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail, to receive the said __________ (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of __________ (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 No. 55
Warrant of attachment and sale on forfeiture of bond for good behaviour
See Section 446 CrPC
To the Police Officer in charge of the police station at __________.
WHEREAS __________ (name, description and address) did, on the __________ day of __________, 20__________, give security by bond in the sum of rupees __________ for the good behaviour of __________ (name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said __________ (name) of the offence of __________ whereby the said bond has been forfeited; 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)
Form No. 56
Warrant of imprisonment on forfeiture of bond for good behaviour
See Section 446 CrPC
To the Superintendent (or Keeper) of the Civil Jail at __________.
WHEREAS __________ (name, description and address) did, on the __________ day of __________, 20__________, give security by bond in the sum of rupees __________ for the good behaviour of __________ (name, etc., of the principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said __________ (name) has forfeited to Government the sum of rupees __________; and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said __________ (name) in the Civil Jail for the period of __________ (term of imprisonment);
This is to authorise and require you, the Superintendent (or Keeper), to receive the said __________ (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the period of __________ (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Relationship with the Second Schedule
Section 476 CrPC provided that, subject to the constitutional power of the High Court under Article 227, the forms set out in the Second Schedule could be used for their respective purposes with such variations as the circumstances of the case required. Forms 54, 55 and 56 were therefore statutory model forms rather than free-standing substantive provisions.
Position after commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code of Criminal Procedure, 1973. However, the repeal and savings provision preserves the application of the former Code to specified pending appeals, applications, trials, inquiries and investigations that were pending immediately before commencement of the BNSS. Accordingly, these CrPC forms remain relevant when the saved CrPC regime governs a proceeding. For current proceedings, the applicable BNSS provisions and prescribed forms should be checked before use.
This page reproduces and explains legacy CrPC forms for legal reference. Court practice, local rules and the facts of a particular proceeding may require appropriate variation.