CrPC Section 446A — Cancellation of bond and bail bond

CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS

General

Summary

Clause (a) applies when a bond under the Code is for a person’s appearance in a case and is forfeited because a condition was breached. The person’s bond, and any bond given by one or more sureties in that case, are then cancelled. This does not affect the provisions of section 446.

Clause (b) provides that, after this cancellation, the person cannot be released in that case solely on their own bond if the Police Officer or Court before whom the bond was executed is satisfied that there was no sufficient cause for the failure to comply with its condition.

The proviso says that, subject to the other provisions of the Code, the person may be released in that case on a fresh personal bond for an amount, and with a bond from one or more sureties, that the Police Officer or Court considers sufficient.

Official Text

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.]

Sections referred to

Referred to by

Related Judgments

  • OM PRAKASH & ANR. vs UNION OF INDIA & ANR — Supreme Court of India (2011)
  • SUSHILA AGGARWAL AND OTHERS vs STATE (NCT OF DELHI) AND ANOTHER — Supreme Court of India (2020)
  • SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2022)
  • Farheen Khan vs The State of Maharashtra & Anr — Bombay High Court (Mumbai Principal Seat) (2023)

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