CrPC Section 446 — Procedure when bond has been forfeited

Summary

Sub-section (1) applies when a bond is forfeited. For a bond requiring someone to appear before a Court or produce property before it, the Court before which the appearance or production is required—or a Court to which the case is later transferred—must be satisfied that the bond has been forfeited. For any other bond under the Code, that finding must satisfy the Court that took the bond, a Court to which the case is later transferred, or a Court of a Magistrate of the first class. The Court must record the grounds for finding that the bond was forfeited. It may then call on a person bound by the bond to pay its penalty or explain why it should not be paid.

Explanation to sub-section (1): A bond requiring appearance or production of property before a Court is treated as also requiring appearance or production before any Court to which the case is later transferred.

Sub-section (2): If sufficient cause is not shown and the penalty is not paid, the Court may recover it as if it were a fine imposed by that Court under the Code. If the penalty is not paid and cannot be recovered in that way, the surety may, by order of the Court ordering recovery, be imprisoned in civil jail for up to six months.

Sub-section (3): The Court may, after recording its reasons, remit part of the penalty and require payment of only part of it.

Sub-section (4): If a surety dies before the bond is forfeited, the surety’s estate is discharged from all liability in respect of the bond.

Sub-section (5): If a person who gave security under section 106, section 117 or section 360 is convicted of an offence that breaches the conditions of that person’s bond, or of a bond executed in its place under section 448, a certified copy of the judgment may be used as evidence in proceedings under this section against the surety or sureties. If it is used, the Court must presume that the person committed the offence unless the contrary is proved.

Official Text

(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: 1[Provided 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.]

(3) The Court may, 2[after recording its reasons for doing so], 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. 3[

Sections referred to

• CrPC §106 — Security for keeping the peace on conviction
• CrPC §117 — Order to give security
• CrPC §360 — Order to release on probation of good conduct or after admonition
• CrPC §448 — Bond required from minor

Referred to by

• CrPC §274 — Record in summons-cases and inquiries
• CrPC §436 — In what cases bail to be taken
• CrPC §437A — Bail to require accused to appear before next appellate Court
• CrPC §446A — Cancellation of bond and bail bond
• CrPC §447 — Procedure in case of insolvency of death of surety or when a bond is forfeited
• CrPC §449 — Appeal from orders under section 446
• CrPC §461 — Irregularities which vitiate proceedings

Related Judgments

• ISTKAR vs THE STATE OF UTTAR PRADESH & ANR — Supreme Court of India (2022)
• GIRISH GANDHI vs THE STATE OF UTTAR PRADESH & ORS — Supreme Court of India (2024)
• Nitin Mehta and another vs State of Maharashtra and anr — Bombay High Court (Mumbai Principal Seat) (2015)
• SUDERSHAN SINGH WAZIR vs STATE (NCT OF DELHI) & ORS — Supreme Court of India (2025)
• MOHAMMED KUNJU AND ANR. vs STATE OF MAHARASHTRA — Supreme Court of India (1999)
• RASIKLAL vs KLSORE — Supreme Court of India (2009)

Old <-> New Code Mapping

• BNSS §491 — Procedure when bond has been forfeited