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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

Procedure in case of insolvency of death of surety or when a bond is forfeited, Bond required from minor, Appeal from orders under Section 446 and Power to direct levy of amount due on certain recognizances are defined under Section 447, 448, 449 and 450 of CRPC 1973. Provisions under these sections are:

 

Section 447 of CRPC "Procedure in case of insolvency of death of surety or when a bond is forfeited"

When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of Section 446, the Court by whose order such bond was taken, or Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh securities in accordance with the directions of the original order, and, if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original Order.

 

 

 

 

Section 448 of CRPC "Bond required from minor"

When the person required by any Court, or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, bond executed by a surety or sureties only.

 

Section 449 of CRPC "Appeal from orders under Section 446"

All orders passed under Section 446 shall be appealable-

(i) in the case of an order made by a Magistrate, to the Sessions-Judge;

(ii) in the case of an order made by a Court of Sessions, to the Court to which an appeal lies from an order made by such Court.

 

Section 450 of CRPC "Power to direct levy of amount due on certain recognizances"

The High Court or Court of Sessions may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Sessions.

 

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