CrPC Sections 447, 448, 449 and 450: Surety, Minor Bond, Appeal and Levy of Bond Amount
Sections 447 to 450 of the Code of Criminal Procedure, 1973 deal with important consequences and procedures connected with bonds and sureties. They cover fresh security where a surety becomes insolvent or dies, the form of security where the person required to execute a bond is a minor, appeals against orders under Section 446, and the power to direct recovery of an amount due on certain bonds.
Meaning of bond, surety and forfeiture in this context
A bond is a formal undertaking to comply with an obligation imposed under the Code, including an obligation relating to appearance or attendance. A surety is a person who undertakes responsibility for compliance with the bond according to its terms. Forfeiture of a bond refers to the legal consequence that may follow when the conditions of the bond are breached; the procedure for dealing with a forfeited bond is contained in Section 446 CrPC.
| Section | Subject | Core rule |
|---|---|---|
| 447 | Insolvency or death of surety; forfeiture of bond | Fresh security may be required in accordance with the original order. |
| 448 | Bond required from a minor | A bond executed by surety or sureties only may be accepted instead. |
| 449 | Appeal from orders under Section 446 | Provides the appellate forum according to the court that passed the order. |
| 450 | Levy of amount due on certain bonds | High Court or Court of Session may direct a Magistrate to levy the amount due. |
Section 447 CrPC - Procedure where surety becomes insolvent or dies, or a bond is forfeited
Section 447 applies where a surety to a bond under the Code becomes insolvent or dies, or where a bond is forfeited under Section 446. The court by whose order the bond was taken, or a Magistrate of the first class, may require the person from whom the security was demanded to furnish fresh security in accordance with the directions contained in the original order.
If the fresh security is not furnished, the court or Magistrate may proceed as though there had been a default in complying with the original order. The provision therefore preserves the effectiveness of the original security requirement when the earlier surety or bond can no longer serve its intended purpose.
Section 448 CrPC - Bond required from a minor
Section 448 addresses a person who is a minor but is required by a court or officer to execute a bond. In such a case, the court or officer may accept, instead of the minor's own bond, a bond executed only by a surety or sureties.
The provision recognizes the special legal position of a minor and permits the required security to be furnished through sureties rather than insisting upon execution of the bond by the minor.
Section 449 CrPC - Appeal from an order under Section 446
Section 449 makes orders passed under Section 446 appealable. The appellate forum depends on the court that made the Section 446 order:
Order made by a Magistrate: the appeal lies to the Sessions Judge.
Order made by a Court of Session: the appeal lies to the court to which an appeal ordinarily lies from an order made by that Court of Session.
This provision supplies a statutory appellate remedy against orders concerning forfeiture of bonds under Section 446.
Section 450 CrPC - Power to direct levy of amount due on certain bonds
Under Section 450, the High Court or Court of Session may direct a Magistrate to levy the amount due on a bond for appearance or attendance before that High Court or Court of Session.
The provision enables the superior court before which appearance or attendance was secured to use the Magistrate for the process of levying the amount due under the bond.
How Sections 446 to 450 work together
These provisions form part of the CrPC framework governing bail and bonds. Section 446 provides the procedure when a bond is forfeited. Section 447 deals with replacement security in specified situations, Section 448 deals with bonds involving minors, Section 449 provides an appeal from Section 446 orders, and Section 450 deals with levy of amounts due on bonds for appearance or attendance before the High Court or Court of Session.
This page is a general legal information resource on the Code of Criminal Procedure, 1973 and should be read with the statutory text and the law applicable to the particular proceeding.