CrPC Section 440: Bond Amount & Reduction – Explained

1. Code

CrPC Section 440 deals with the power of the court to reduce the amount of bond or surety to be furnished by a person.

2. Explanation

This section empowers the court to reduce the amount of bond or surety required from a person if the court deems it “excessive”. The court has the discretion to lower the amount based on various factors, including:

• The accused’s financial capacity
• The nature of the offense
• The accused’s previous record
• The likelihood of the accused absconding

3. Illustration

Imagine a situation where a person is accused of a minor offense but is unable to furnish a large bond amount due to financial constraints. Under Section 440, the court can reduce the amount to a more reasonable sum that the accused can afford, ensuring their release without compromising the legal process.

4. Common Questions & Answers

Q: Who can apply for a reduction in bond amount?

The accused person or their legal representative can apply for a reduction in the bond amount under Section 440.

Q: What are the grounds for reduction?

The court can consider various factors, including financial capacity, nature of the offense, previous record, and likelihood of absconding.

Q: Can the court refuse to reduce the bond amount?

Yes, the court has the discretion to refuse the application if it deems the original bond amount justified.

Q: What happens after the application is filed?

The court will consider the application and evidence submitted and decide whether to reduce the bond amount.