Section 446 CrPC: Procedure for Forfeiture of Bond
This section outlines the procedure for forfeiting a bond that has been furnished in a criminal case.
1. Statement of the Code
Section 446 of the Code of Criminal Procedure (CrPC) states:
When any person who has furnished a bond under this Code, fails to comply with the conditions of the bond, the Court may, after due inquiry, order the bond to be forfeited.
2. Explanation
This section empowers the court to forfeit a bond when the person who furnished it breaches its conditions. The process involves a “due inquiry,” which implies a fair hearing where the individual is given an opportunity to explain their non-compliance.
- Conditions of the Bond: These can include appearing in court, maintaining good behavior, or not leaving the jurisdiction.
- Forfeiture: This signifies that the money or surety deposited as part of the bond is confiscated by the state.
- Due Inquiry: This ensures a fair process where the individual can present their side of the story before the court makes a decision.
3. Illustration
Imagine someone is released on bail, but they fail to appear in court for a hearing as per the bail conditions. In this case, the court, after conducting an inquiry, can order the forfeiture of the bail bond.
4. Common Questions and Answers
Q: Can the court order the forfeiture of the bond without any inquiry?
A: No, Section 446 explicitly mandates a “due inquiry” before the bond can be forfeited. The individual must be given a chance to explain their non-compliance.
Q: Can the individual appeal the forfeiture order?
A: Yes, the individual has the right to appeal against the court’s decision to forfeit the bond, challenging the grounds for forfeiture.
Q: What are the consequences of bond forfeiture?
A: The forfeiture can have financial implications as the money deposited is lost. Additionally, it can impact future bail applications or even lead to the issuance of an arrest warrant for the individual’s non-appearance in court.
