CrPC Section 441 — Bond of accused and sureties

CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS

General

Summary

Sub-section (1) requires a person to execute a bond for an amount the police officer or Court considers sufficient before being released on bail or on their own bond. If released on bail, one or more sufficient sureties must also execute a bond. The bond must require the person to attend at the stated time and place and continue attending until the police officer or Court directs otherwise.

Sub-section (2) requires the bond to include any condition imposed for the person’s release on bail.

Sub-section (3) says that, if the case requires it, the bond must also require the person released on bail to appear when called before the High Court, Court of Session or another Court to answer the charge.

Sub-section (4) allows the Court to assess whether sureties are fit or sufficient by accepting affidavits about those matters. If the Court considers it necessary, it may conduct an inquiry itself or have a Magistrate subordinate to it conduct one.

Official Text

(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.

(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.

Related Judgments

  • RAGHUBIR SINGH & OTHERS ETC. vs STATE OF BIHAR — Supreme Court of India (1986)
  • GIRISH GANDHI vs THE STATE OF UTTAR PRADESH & ORS — Supreme Court of India (2024)
  • SUSHILA AGGARWAL AND OTHERS vs STATE (NCT OF DELHI) AND ANOTHER — Supreme Court of India (2020)
  • MILON KUMAR SANYAL vs STATE NCT OF DELHI & ORS — Delhi High Court (2025)

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