CrPC Section 443: Power to Order Sufficient Bail When Initial Bail is Insufficient

1. Code

Section 443 of the Code of Criminal Procedure, 1973

2. Explanation

Section 443 of the CrPC empowers a Magistrate to order sufficient bail when the initial bail amount is deemed insufficient. This provision applies when a person has been released on bail and the Magistrate, upon further inquiry or information, believes that the initial bail amount is inadequate to ensure the accused’s appearance in court or to prevent the accused from tampering with evidence or influencing witnesses.

3. Illustration

Imagine a person accused of a serious crime is granted bail for a small sum of money. However, after the initial release, the Magistrate receives information indicating the accused has substantial financial resources and a strong likelihood of absconding. In this scenario, the Magistrate can invoke Section 443 and increase the bail amount to a level deemed sufficient to prevent the accused from fleeing.

4. Common Questions and Answers

Q: When can a Magistrate invoke Section 443?

A: Only when the initial bail amount is found to be insufficient to ensure the accused’s appearance or prevent interference with the justice process.

Q: Can a Magistrate increase bail even if the accused has not breached any conditions of the initial bail?

A: Yes, Section 443 allows for the increase even without a breach of conditions if the Magistrate finds the initial bail inadequate.

Q: What are the grounds for the Magistrate to increase the bail amount?

A: Grounds include:

• • The accused’s financial means and the likelihood of absconding.
  • The severity of the offense and the potential harm to society.
  • The accused’s past record of non-appearance in court.