Section 446 CrPC: Procedure when bond has been forfeited

Code of Criminal Procedure, 1973

Section 446 CrPC at a Glance

Section 446 CrPC deals with procedure when bond has been forfeited. From 1 July 2024 it is replaced by Section 491 BNSS.

Now BNSS

Section 491 →

What Section 446 CrPC Says

446. Procedure when bond has been forfeited

(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.

Explanation

A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code:

Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.

(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.

(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

Source: Section 446, Code of Criminal Procedure, 1973

Section 446 CrPC in Simple Words

Section 446 of the Code of Criminal Procedure, 1973 deals with the procedure when a bond has been forfeited. The first case is a bond under the Code for appearance, or for production of property, before a Court. Once it is proved to the satisfaction of that Court, or of any Court to which the case was later transferred, that the bond is forfeited, the Court shall record the grounds of the proof. The Court may then call upon any person bound by the bond to pay the penalty or to show cause why it should not be paid. The same applies to any other bond under the Code. There the forfeiture may be proved to the satisfaction of the Court that took the bond, any Court to which the case was later transferred, or the Court of any Magistrate of the first class. Under the Explanation, a condition in a bond for appearance before a Court shall be construed as including appearance before any Court to which the case is later transferred.

The same is true of a condition for production of property before a Court. Section 446(2) CrPC applies if sufficient cause is not shown and the penalty is not paid. The Court may then proceed to recover the penalty as if it were a fine imposed by that Court under the Code. The proviso covers a penalty that is not paid and cannot be recovered in that manner. The person bound as surety is then liable to imprisonment in civil jail for a term which may extend to six months. That imprisonment is ordered by the Court ordering the recovery of the penalty. Under Section 446(3) CrPC, after recording its reasons for doing so, the Court may remit any portion of the penalty and enforce payment in part only.

Under Section 446(4) CrPC, where a surety to a bond dies before the bond is forfeited, the estate of the surety shall be discharged from all liability in respect of the bond. Section 446(5) CrPC applies where a person who has furnished security under section 106, section 117 or section 360 of the Code is convicted of an offence. The offence must be one whose commission breaches the conditions of that bond, or of a bond executed in lieu of it under section 448 of the Code. A certified copy of the judgment of the Court that convicted the person may then be used as evidence against the surety or sureties in proceedings under Section 446 CrPC. If the certified copy is so used, the Court shall presume that the person committed the offence unless the contrary is proved.

When Section 446 CrPC Applies

  • When a bond under the Code of Criminal Procedure, 1973 is for appearance or production of property before a Court, that Court or any Court to which the case is subsequently transferred may act under Section 446(1) CrPC once it is proved to its satisfaction that the bond has been forfeited.
  • For any other bond under the Code, when forfeiture is proved to the satisfaction of the Court that took the bond, a transferee Court, or any Magistrate of the first class, Section 446(1) CrPC directs that the Court shall record the grounds of its finding and may order any bound person to pay the penalty or show cause against payment.
  • If the person called upon under Section 446(2) CrPC fails to show sufficient cause and leaves the penalty unpaid, the Court may recover the unpaid amount in the same way that it recovers a criminal fine imposed under the Code.
  • Under Section 446(3) CrPC, the Court may, after recording its reasons for doing so, remit any portion of the penalty and enforce payment in part only.
  • If a surety to a bond dies before the bond is forfeited, Section 446(4) CrPC provides that the estate of that surety shall be discharged from all liability in respect of the bond.
  • When a person who gave security under Section 106, Section 117, or Section 360 CrPC, or a substitute bond under Section 448 CrPC, is convicted of an offence that breaches the bond, Section 446(5) CrPC states that a certified copy of the conviction judgment may be used as evidence against the sureties and the Court shall presume that the offence was committed by that person unless the contrary is proved.

Time Limits Under Section 446 CrPC

  • The proviso to Section 446(2) of the Code of Criminal Procedure, 1973 qualifies fine-based recovery by providing that if the forfeited penalty is not paid and cannot be recovered as a fine, the surety shall be liable by order of the recovering Court to imprisonment in civil jail for a term which may extend to six months.Act text: “imprisonment in civil jail for a term which may extend to six months”

Example of Section 446 CrPC

Ramesh executes a bond under the Code of Criminal Procedure, 1973 to appear before a Court, with Suresh as his surety. After the case is transferred to another Court, Ramesh fails to appear there. Under the Explanation to Section 446(1) CrPC, the appearance condition applies before the transferee Court as well. Once it is proved to the satisfaction of the transferee Court that the bond has been forfeited, the Court shall record the grounds of such proof and may call upon Suresh to pay the penalty or show cause why it should not be paid. After hearing Suresh and recording its reasons under Section 446(3) CrPC, the Court remits part of the penalty and enforces payment in part only.

When Section 446 CrPC Does Not Apply

  • The estate of a surety who dies before the bond is forfeited cannot be proceeded against in respect of the bond, because Section 446(4) CrPC discharges that estate from all liability.

Section 446 CrPC Under BNSS 491: What Changed

Section 446 CrPC is now covered under Section 491 BNSS.

Section 446 of the Code of Criminal Procedure, 1973 becomes Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form and no substantive change. Section 491(1) BNSS splits the single paragraph of Section 446(1) CrPC into Section 491(1)(a) BNSS and Section 491(1)(b) BNSS. References to the Code in Section 446(1) CrPC and Section 446(2) CrPC become references to the Sanhita. In Section 491(5) BNSS, the cross-references to Section 106, Section 117, Section 360, and Section 448 CrPC become Section 125, Section 136, Section 401, and Section 494 BNSS.

View detailed comparison (CrPC 446 vs BNSS 491) →

FAQs on Section 446 CrPC

Which Courts can initiate proceedings when a bond is forfeited under Section 446 CrPC?▼

For a bond under the Code of Criminal Procedure, 1973 for appearance or production of property before a Court, forfeiture must be proved to the satisfaction of that Court or any Court to which the case has subsequently been transferred. For any other bond under the Code, Section 446(1) CrPC allows action when forfeiture is proved to the satisfaction of the Court that took the bond, a transferee Court, or the Court of any Magistrate of the first class.

What happens if a surety does not pay the penalty after a bond is forfeited under Section 446 CrPC?▼

If sufficient cause is not shown and the penalty is not paid, the Court may proceed under Section 446(2) CrPC to recover it as if it were a fine imposed under the Code. Under the proviso to Section 446(2) CrPC, if the penalty remains unpaid and cannot be recovered in that manner, the surety shall be liable, by order of the Court ordering recovery, to imprisonment in civil jail for a term which may extend to six months.

How is a breach of a security bond proved against sureties under Section 446(5) CrPC?▼

When a person who furnished security under Section 106, Section 117, or Section 360 CrPC is convicted of an offence breaching the bond, or a substitute bond under Section 448 CrPC, a certified copy of the conviction judgment may be used as evidence in proceedings under Section 446 CrPC against the surety or sureties. Under Section 446(5) CrPC, if that certified copy is used, the Court shall presume that the offence was committed by that person unless the contrary is proved.

Where is the provision corresponding to Section 446 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 446 CrPC is found in Section 491 BNSS. Section 446(1) CrPC maps to Section 491(1)(a) BNSS and Section 491(1)(b) BNSS, and Section 446(2) CrPC, Section 446(3) CrPC, Section 446(4) CrPC and Section 446(5) CrPC map to Section 491(2) BNSS, Section 491(3) BNSS, Section 491(4) BNSS and Section 491(5) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·