Section 446 of CrPC : Section 446: Procedure when bond has been forfeited.

Explanation using Example

Example 1:

Scenario: Rajesh is granted bail by the court on the condition that he appears for all future court hearings. His friend, Suresh, acts as his surety and signs a bond of ₹50,000.

Situation: Rajesh fails to appear for a scheduled court hearing.

Application of Section 446:

1. The court determines that Rajesh has violated the conditions of his bond by not appearing.
2. The court records the reasons for this determination.
3. The court issues a notice to Suresh, asking him to pay the ₹50,000 penalty or to show cause why he should not be required to pay it.
4. Suresh fails to provide a sufficient reason and does not pay the penalty.
5. The court proceeds to recover the ₹50,000 as if it were a fine.
6. If Suresh still does not pay and the penalty cannot be recovered, the court may order Suresh to be imprisoned in civil jail for up to six months.

Example 2:

Scenario: Priya is required to produce certain documents in court as part of her bail conditions. Her father, Mr. Sharma, acts as her surety and signs a bond of ₹1,00,000.

Situation: Priya fails to produce the required documents in court.

Application of Section 446:

1. The court determines that Priya has violated the conditions of her bond by not producing the documents.
2. The court records the reasons for this determination.
3. The court issues a notice to Mr. Sharma, asking him to pay the ₹1,00,000 penalty or to show cause why he should not be required to pay it.
4. Mr. Sharma provides a valid reason, such as the documents being lost in a fire, and the court finds this reason sufficient.
5. The court may decide to remit (reduce) a portion of the penalty based on the valid reason provided by Mr. Sharma.
6. The court enforces payment of only a part of the penalty, say ₹20,000, instead of the full ₹1,00,000.

Example 3:

Scenario: Anil is granted bail under the condition that he does not commit any further offenses. His brother, Sunil, acts as his surety and signs a bond of ₹75,000.

Situation: Anil is later convicted of theft, which constitutes a breach of his bail conditions.

Application of Section 446:

1. The court uses a certified copy of the judgment convicting Anil of theft as evidence in proceedings against Sunil.
2. The court presumes that Anil committed the offense unless Sunil can prove otherwise.
3. The court issues a notice to Sunil, asking him to pay the ₹75,000 penalty or to show cause why he should not be required to pay it.
4. Sunil fails to provide a sufficient reason and does not pay the penalty.
5. The court proceeds to recover the ₹75,000 as if it were a fine.
6. If Sunil still does not pay and the penalty cannot be recovered, the court may order Sunil to be imprisoned in civil jail for up to six months.