Who Can Give Surety for Bail in India? | Understanding the Bail Process

Question

Who Can Give Surety for Bail in India? | Understanding the Bail Process

14-Jun-2024 (In Criminal Law)

Hi, who can stand as surety for bail in India? What documents are required for an individual acting as surety? Also, if the surety amount is ₹15,000, what documents are needed for bail in India?

Answers (5)

Any adult "fit and sufficient" person can stand surety; the court may accept affidavits to test fitness and may reject an unfit surety. See BNSS ss.485 (bond and sureties) and 140 (power to reject sureties) and s.486 (declaration by surety). [https://lawfyi.io/the-bharatiya-nagarik-suraksha-sanhita-2023-bnss-bare-act/] The Madras High Court held that a surety need not be a government servant or blood relative and even a poor person/tenant/beggar may stand as surety provided genuine identity and residential proof are produced, and courts cannot insist on property documents for small amounts (Sagayam @ Devasagayam v. State, Madras H.C., 24'4'2017). [https://indiankanoon.org/doc/31943896/] For a surety amount of Rs.15,000 the court may therefore accept one of the standard identity/address proofs (passport, ration card, PAN, driving licence, voter ID, Aadhaar, utility bills, bank/post'office passbook, income'tax assessment order, RC book, etc.) and an affidavit/declared solvency as permitted under BNSS s.485(4) and s.486. [https://lawfyi.io/the-bharatiya-nagarik-suraksha-sanhita-2023-bnss-bare-act/]

Answer #1

Adv. Siddhant Sharma

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Bail and Surety Under Indian Criminal Law

To act as a bail surety, you generally need to provide documents verifying your identity and financial standing. These can include a Ration Card, Aadhaar Card, Voter ID, passport, or other forms of identification. In some cases, proof of assets like vehicle registration (RC book) or property documents may also be requested. For government employees, original pay slips or Income Tax Return acknowledgments might be necessary
To successfully apply for bail in India, a comprehensive bail application is crucial, along with a surety bond and supporting documents like affidavits, reference letters, and proof of address. You'll also need a copy of the FIR and, in some cases, details of your criminal history.

Who Can Be a Surety for Bail in India?

A surety must be an Indian citizen with a fixed place of residence, typically a relative or friend of the accused. The surety provides an affidavit stating they have sufficient financial means to cover the bail amount if the accused fails to appear in court.

In some cases, the court may require multiple sureties, especially for serious offenses or if the accused has limited financial capacity. The surety might also need to deposit a security amount with the court.

Documents Required for a Surety in India

The documents required may vary depending on the court, but generally, the following are required:

Proof of Identity: A government-issued ID (Aadhaar card, passport, driving license, PAN card, or voter ID).
Proof of Address: Documents like a utility bill, bank statement, or rent agreement to prove the surety's residence.
Income Proof: Salary slips, bank statements, or income tax returns to show financial capacity.
Surety Bond: A signed agreement between the surety and the court, ensuring the accused will appear on the trial date.
Affidavit: A statement confirming the surety?s ability to pay bail if the accused fails to appear in court.

Documents for Providing Surety Amount (Rs15,000)

If the surety amount is ?15,000, the following assets can be used as security:

Bank Fixed Deposit: A fixed deposit in the surety's name.
Property Documents: Ownership documents or property deeds.
Government Bonds: Government bonds of sufficient value.
Post Office Savings Certificate: A post office savings certificate as surety.
National Savings Certificate: A national savings certificate can also be used.

The court may have specific requirements for the type of documents accepted as surety

Advocate B N Rajamohamed LawRato · Accepted Answer · 2024-06-14T18:02:19+05:30

Answer #2

Sir, Surety is subject to the satisfaction of the court granting bail. Typically, any person providing surety must be a known individual to the accused, with ownership of immovable property and financial solvency, without any tax arrears on the property. The surety provider should not have any criminal charges against them and must not have acted as a surety in any other case.

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Adv. B N Rajamohamed

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Advocate K Prema LawRato · Accepted Answer · 2024-06-14T18:02:19+05:30

Answer #3

A local resident, neighbor, or relative of the accused can act as a surety. They are responsible for ensuring the accused attends all court hearings until the case is concluded.

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Adv. K Prema

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Advocate Saravana Kumar LawRato · Accepted Answer · 2024-06-14T18:02:19+05:30

Answer #4

The value of sureties is typically determined based on the economic situation of the accused, but courts often require higher surety amounts, regardless of the offense. Sureties for property-related offenses are generally set higher than for personal offenses. For a surety amount of ₹15,000, courts typically require documents such as family cards, property tax receipts, and solvency certificates from the Tehsildar. The person acting as surety must be mentally sound, not declared insolvent, and may discharge their responsibility under CrPC Section 444 (BNSS Section 489).

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Adv. Saravana Kumar

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LawRato LawRato · Accepted Answer · 2024-06-14T18:02:19+05:30

Any adult, whether employed or a business owner, can act as a surety. The required documents may vary depending on the judge or magistrate, but typically include a Ration Card, Aadhaar Card, voter ID, or passport. In some cases, judges may also request the original RC book of a vehicle or property documents. Additionally, some judges may prefer government employees to stand as surety, in which case original pay slips or Income Tax Return acknowledgments may be required.