marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
436 – In what cases bail to be taken
When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:Provided further that nothing in this section shall be deemed to affect the provisions of Sub-Section (3) of section 116 or section 446A.Explanation – Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.Notwithstanding anything contained in Sub-Section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
436A – Maximum period for which an under trial prisoner can be detained
Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.Explanation – In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
437A – Bail to require accused to appear before next appellate Court
Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
439 – Special powers of High Court or Court of Session regarding bail
A High Court or Court of Session may direct-that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in Sub-Section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that Sub-Section;that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application2.1A. The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code2.A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.2 Criminal Law (Amendment) Act, 2018
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
440 – Amount of bond and reduction thereof
The amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
441 – Bond of accused and sureties
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.Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.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.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.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
441A – Declaration by sureties
Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
442 – Discharge from custody
As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
443 – Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do, may commit him to jail.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
444 – Discharge of sureties
All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
445 – Deposit instead of recognizance
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court of officer may if in lieu of executing such bond.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
446 – Procedure when bond has been forfeited
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.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.The Court may, 2 [after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.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.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.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
446A – Cancellation of bond and bail bond
Without prejudice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition-the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; andthereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
447 – Procedure in case of insolvency or death of surety or when a bond is forfeited
When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
448 – Bond required from minor
When the person required by any Court, or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
449 – Appeal from orders under section 446
All orders passed under section 446 shall be appealable,in the case of an order made by a Magistrate, to the Sessions Judge;in the case of an order made by a Court of Sessions, to the Court to which an appeal lies from an order made by such Court.
CHAPTER XXXIII - PROVISIONS AS TO BAIL AND BONDS
450 – Power to direct levy of amount due on certain recognizances
The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
451 – Order for custody and disposal of property pending trial in certain cases
When any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.Explanation – For the purposes of this section, “property” includes:property of any kind or document which is produced before the Court or which is in its custody.any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
452 – Order for disposal of property at conclusion of trial
When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.An order may be made under Sub-Section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under Sub-Section (1) is modified or set aside on appeal or revision.A Court of Session may, instead of itself making an order under Sub-Section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459.Except where the properly is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of Sub-Section (2), an order made under Sub-Section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.In this section, the term “property” includes, in the case of properly regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
453 – Payment to innocent purchaser of money found on accused
When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on me application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
454 – Appeal against orders under section 452 or section 453
Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.The powers referred to in Sub-Section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in Sub-Section (1) was made.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
455 – Destruction of libellous and other matter
On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.The Court may, in like manner, on a conviction under section 272, section 273, section 274, or section 275 of the Indian Penal Code (45 of 1860), order the food, drink drug or medical preparation in respect of which the conviction was had, to be destroyed.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
456 – Power to restore possession of immovable property
When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:Provided that no such order shall be made by the Court more than one month after the date of the conviction.Where the Court trying the offence has not made an order under Sub-Section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.Where an order has been made under Sub-Section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
457 – Procedure by police upon seizure of property
Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such properly to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
458 – Procedure when no claimant appears within six months
If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
CHAPTER XXXIV - DISPOSAL OF PROPERTY
459 – Power to sell perishable property
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
CHAPTER XXXV - IRREGULAR PROCEEDINGS
460 – Irregularities which do not vitiate proceedings
If any Magistrate not empowered by law to do any of the following things, namely:to issue a search-warrant under section 94;to order, under section 155, the police to investigate an offence;to hold an inquest under section 176;to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;to take cognizance of an offence under clause (a) or clause (b) of Sub-Section (1) of section 190;to make over a case under Sub-Section (2) of section 192;to tender a pardon under section 306;to recall a case and try it himself under section 410; orto sell property under section 458 or section 459,erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
CHAPTER XXXV - IRREGULAR PROCEEDINGS
461 – Irregularities which vitiate proceedings
If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:attaches and sells property under section 83;issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority;demands security to keep the peace;demands security for good behaviour;discharges a person lawfully bound to be of good behaviour;cancels a bond to keep the peace;makes an order for maintenance;makes an order under section 133 as to a local nuisance;prohibits, under section 143, the repetition or continuance of a public nuisance;makes an order under Part C or Part D of Chapter X;takes cognizance of an offence under clause © of Sub-Section (1) of section 190;tries an offender;tries an offender summarily;passes a sentence, under section 325, on proceedings recorded by another Magistrate;decides an appeal;calls, under section 397, for proceedings; orrevises an order passed under section 446,his proceedings shall be void.