CrPC Section 441: Bond of accused and sureties
Code of Criminal Procedure, 1973 · Chapter 33: Provisions as
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
441. Bond of accused and sureties.- (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 436. In what cases bail to be taken
- 436A. Maximum period for which an under trial prisoner can be detained
- 437. When bail may be taken in case of non-bailable offence
- 437A. Bail to require accused to appear before next appellate Court
- 438. Direction for grant of bail to person apprehending arrest
- 439. Special powers of High Court or Court of Session regarding bail
- 440. Amount of bond and reduction thereof
- 441A. Declaration by sureties
- 442. Discharge from custody
- 443. Power to order sufficient bail when that first taken is insufficient
- 444. Discharge of sureties
- 445. Deposit instead of recognizance
- 446. Procedure when bond has been forfeited
- 446A. Cancellation of bond and bail bond
- 447. Procedure in case of insolvency or death of surety or when a bond is forfeited
- 448. Bond required from minor
- 449. Appeal from orders under section 446
- 450. Power to direct levy of amount due on certain recognizances