Liability Of Identifier In Bail

644 votes

Hello Sir/mam If an accused does not appear in court on bail, the surety is liable to forfeit the security or pay the court the amount specified in the bail bond. You can contact me over phone call for further assistance. Thank you Regards Advocate Kuber Hooda

Advocate Kuber Hooda LawRato

783 votes

bail is equivalent to bailment. like trial is pending against accused. we need accused to safeguard interest of victim or society. an accused is innocent till proved guilty as after thorough investigation matter comes out. so till then accused is released on bail as trial takes long process with certain conditions. to assure his presence surety is taken. someone has to take responsibility for accused to be present. so surety is liable upto bail bonds amount and can be jailed if penalty not paid.

Advocate Neha Gupta LawRato

572 votes

The identifier (surety) is summoned when the accused fails to honor bail because, under Section 441 of the Code of Criminal Procedure (CrPC), 1973, the surety guarantees the accused’s appearance in court by pledging a bond. If the accused does not appear, the court calls the surety to explain and may initiate proceedings to forfeit the bond under Section 446 of the CrPC. The surety is essentially held accountable as they have legally vouched for the accused’s compliance with bail terms. And as per Section 446 of the CrPC, the identifier (surety) is liable for the forfeiture of the bond amount if the accused fails to appear in court. The court may also take further action if the surety cannot justify why the bond should not be forfeited.

Advocate Vivek Tanwar LawRato

827 votes

An identifier, also known as a surety or guarantor, is a person who stands as a guarantee for the accused during bail. This individual assures the court that the accused will comply with the conditions of bail and attend all required hearings. When the accused fails to honor bail (e.g., by absconding or not appearing in court), the court may summon the identifier due to their legal responsibility in the matter. Liability of the Identifier 1. Financial Liability: The identifier is often liable for the bail amount specified during the bail proceedings. If the accused does not appear, the identifier may forfeit the amount to the court as a penalty. 2. Summoning and Examination: The identifier can be summoned to court to explain the failure of the accused to appear. The court may ask the identifier about the whereabouts of the accused and why the bail conditions were not honored. 3. Additional Penalties: In some cases, if the court believes the identifier was negligent or colluded with the accused in absconding, further penalties may be imposed, which could involve further fines or restrictions. The liability essentially binds the identifier to ensure the accused's compliance with court proceedings. It's important for anyone standing as an identifier to fully understand these responsibilities and the potential legal and financial consequences involved. Adv. Mahinder Singh Mavi

Advocate Mahinder Singh LawRato

970 votes

Udentifier does not have much of the liability it is the jmanati who is liable for his not honoring the bail. We need more information about the matter in order to guide you in an effective way. What was the matter? What was your involvement ?

Advocate Shubham Sharma LawRato