Section 120 CrPC: Contents of Bond – Indian Criminal Procedure Code
This section deals with the contents of a bond executed under the provisions of the Code of Criminal Procedure, 1973.
1. State the Code
Section 120 of the Code of Criminal Procedure, 1973 states that every bond executed under the Code shall contain the following particulars:
- The names of the parties to the bond.
- The condition of the bond.
- The amount of the bond.
- The date and place of execution.
- The signatures of the parties to the bond.
- The signatures of the witnesses to the bond.
2. Explain it
This section ensures that all bonds executed under the Code are properly documented and contain all necessary information. It also ensures that the parties to the bond are aware of their obligations under the bond. The condition of the bond specifies the specific action or obligation that the party executing the bond is agreeing to undertake. The amount of the bond serves as a financial security to ensure compliance with the conditions of the bond. The date and place of execution are important for record-keeping and legal purposes. Signatures of the parties and witnesses provide proof of agreement and authenticity.
3. Illustrate it
Imagine a situation where a person is granted bail by the court. The court may require the person to execute a bond with a surety. The bond will state that the person will appear in court on the specified date and time. It will also state the amount of the bond and the consequences of failing to appear in court. This bond would contain all the particulars mentioned in Section 120.
4. Common Question and Answers:
- Q: What happens if a bond doesn’t contain all the required particulars?A: Such a bond may be considered invalid and may not be enforceable in a court of law.
- Q: Can the amount of the bond be negotiated?A: The amount of the bond is determined by the court and is based on various factors such as the nature of the offense and the risk of the accused absconding. However, the accused can request the court to consider a lower amount if they have compelling reasons.
- Q: What are the consequences of breaching a bond?A: Breach of a bond can result in forfeiture of the bond amount and may lead to further legal action against the person who breached the bond.
