Procedure when bond has been forfeited and Cancellation of bond and bail bond are defined under Section 446 and 446A of CRPC 1973. Provisions under these sections are:
Section 446 of CRPC "Procedure when bond has been forfeited"
(1) Where a bond under this Code is for appearance, or
for production of property, before a Court and it is proved
to the satisfaction of that Court, or of any Court to which
the case has subsequently been transferred, that the bond
has been forfeited,
or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited,
the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.
Explanation:- A condition in a bond for appearance, or
for production of property, before a Court shall be
construed as including a condition for appearance, or as the
case may be, for production of property, before any Court to
which the case may subsequently be transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code:
1Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as Surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
1. Added by Act 63 of 1980, s. 6 (w.e.f. 23-9-1980)
(3) The Court may, as
its discretion, remit any portion of the penalty mentioned and
enforce payment in part only.
(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under Section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
Section 446A of CRPC "Cancellation of bond and bail bond"1
Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition,-
(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and
(b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:
Provided that subject to any other provisions of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.
1. Ins. by Act 63 of 1980, s. 7 (w.e.f. 23-9-1980)
PROVISIONS AS TO BAIL AND BONDS
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 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