CrPC Section 448: Bond Requirement for Minors in Criminal Proceedings

1. State the Code:

Section 448 of the Code of Criminal Procedure, 1973 (CrPC) deals with the bond requirements for minors in criminal proceedings.

2. Explain it:

This section empowers a Magistrate to release a minor accused on bail, but only if the Magistrate is satisfied that the minor will not abscond. To ensure this, the Magistrate can demand a bond from the minor’s parent or guardian. The amount of the bond is determined by the Magistrate, taking into consideration factors such as the seriousness of the offense and the minor’s ability to pay.

3. Illustrate it:

Imagine a 16-year-old boy named Rohan is accused of petty theft. A Magistrate may release him on bail but require his father to provide a bond of Rs. 10,000 to guarantee Rohan’s appearance in court. If Rohan fails to appear, the father will be liable to pay the bond amount.

4. Common Questions and Answers:

Q: Can a minor be detained without bail under Section 448?

A: No. Section 448 mandates that minors must be released on bail, with the possibility of a bond requirement.

Q: What happens if the parent or guardian cannot afford the bond amount?

A: The Magistrate has the discretion to adjust the bond amount or consider alternative arrangements, such as a surety bond provided by another responsible person.

Q: Is there a specific age limit for minors under Section 448?

A: Section 448 applies to all minors under the age of 18, as per the Juvenile Justice Act.