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

CrPC

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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 ...

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