CrPC Section 447: Procedure for Insolvency, Death of Surety, or Bond Forfeiture

This section deals with the procedure to be followed in case of insolvency of a surety, death of a surety, or forfeiture of a bond under the Code of Criminal Procedure.

Explanation

• Insolvency of Surety: When a surety becomes insolvent, the court can take action to recover the amount of the bond from the surety’s estate.
• Death of Surety: In case of the surety’s death, the court can order the legal heirs of the surety to pay the amount of the bond.
• Forfeiture of Bond: If the bond is forfeited, the court can issue a warrant for the arrest of the accused, or it may take other steps to recover the amount of the bond from the accused or the surety.

Illustration

A is accused of a crime and is released on bail with a surety bond of Rs. 10,000. The surety, B, becomes insolvent. The court, under Section 447, can proceed to recover the amount of the bond from B’s estate.

Common Questions and Answers

Q1: What happens if the surety dies before the accused is acquitted?

A: The legal heirs of the deceased surety will be responsible for fulfilling the bond obligations.

Q2: Can the court waive the forfeiture of the bond?

A: Yes, the court has the discretion to waive the forfeiture of the bond under certain circumstances, such as if the accused is acquitted of the charges or if the accused has been prevented from appearing in court due to unforeseen circumstances.