(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 enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
STATE AMENDMENTS
Andhra Pradesh
Amendment of Section 441 Central Act 2 of 1974.--In the Code of Criminal
Procedure, 1973 (hereinafter referred to as the Principal Act) in section 441,
in sub-section (1), the following words shall be added at the end, namely. -
"and for imposition of a fine not exceeding the amount prescribed in the
surety bond, in case the surety fails to produce the accused on the date fixed
by the court in grave/serious offences."
[Vide Andhra Pradesh Act 17 of 2019, s. 2]
Code of Criminal Procedure (CrPC)
441 CrPC Bond of accused and sureties
441A CrPC Declaration by sureties
442 CrPC Discharge from custody
443 CrPC Power to order sufficient bail when that first taken is insufficient
444 CrPC Discharge of sureties
445 CrPC Deposit instead of recognizance
446 CrPC Procedure when bond has been forfeited
446A CrPC Cancellation of bond and bail bond
447 CrPC Procedure in case of insolvency of death of surety or when a bond is forfeited
448 CrPC Bond required from minor
449 CrPC Appeal from orders under section 446
450 CrPC Power to direct levy of amount due on certain recognizances