Regarding liability of surety in a criminal case

874 votes

According to the sections 441, 441A, 442, 444, 446, 447 of the Code of Criminal Procedure, 1973, the responsibilities of a surety are as follows:

1. Execution of bond: The surety has to execute a bond for a sum of money as determined by the police officer or court, depending on the case. The bond should be sufficient to ensure that the accused person attends the court proceedings as required and complies with the conditions imposed for their release on bail.

2. Attendance of accused: The surety is responsible for ensuring that the accused person attends the court proceedings as scheduled and as required by the court.

3. Fitness and sufficiency of surety: The court may require the surety to provide affidavits or may hold an inquiry to determine the fitness and sufficiency of the surety. This is to ensure that the surety is financially capable and responsible enough to fulfill their obligations under the bond.

4. Declaration of number of sureties: The surety has to make a declaration before the court regarding the number of persons they have stood surety for, including the accused person and giving all relevant particulars.

5. Discharge of bond: The surety can apply to the magistrate to discharge the bond either wholly or in part. On such application being made, the magistrate can issue a warrant of arrest and call upon the accused person to find other sufficient sureties. If the accused person fails to do so, they may be committed to jail.

6. Forfeiture of bond: If the accused person fails to appear in court or comply with the conditions of the bond, the bond may be forfeited. The court may call upon any person bound by the bond to pay the penalty or show cause why it should not be paid. If sufficient cause is not shown, and the penalty is not paid, the court may proceed to recover the penalty, and the surety may be liable to imprisonment in civil jail for up to six months.

7. Insolvency or death of surety: If the surety becomes insolvent or dies, or if the bond is forfeited, the court may order the person from whom the security was demanded to furnish fresh securities in accordance with the directions of the original order. If such security is not furnished, the court may proceed as if there had been a default in complying with the original order.

Advocate Sudershani Ray LawRato

635 votes

The person is On bail. If You are not concerned with Himalayan file application withdrawing your surety and he will been called by the Court for furnishing fresh surety. Consultant your lawyer personally before proceeding IN either way at this stage.

Advocate Rajiv Sharma LawRato

501 votes

In criminal case Being a surety, you have liability to produce accused in Court. If he does not appear then court may summons you and you will be liable for non appearance of accused. You have to produce accused in Court. Otherwise you may be charged. .

Advocate Jagan Nath Bhandari LawRato

801 votes

As a surety you are liable up to the amount of Bond, which you had executed at the time of release of accused under section 354. You will be directed to produce the accused or pay for the damages. If you will not appear in court after receiving summons, you may be arrested also. So you appear before court and ask for soft action against you.

regards,

Adv Malhotra

Advocate Deepak Malhotra LawRato

678 votes

there are two parts of your query....1. as far as liability part is concerend your liability is only for his appearance in trial court, incase the person for whom you stood as surety,runs away from law,then the surety amount shall be forfieted....2. regarding mentioning part,not necessary

Advocate Lalit Mohan Gulati LawRato