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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XLII

PROVISIONS AS TO BONDS

Deposit instead of recognizance
513. 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 or officer may fix, in lieu of executing such bond.
Procedure on forfeiture of bond
514.(1) Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of a 1[Metropolitan Magistrate or] Magistrate of the first class,
 
 
or, when the bond is for appearance before a Court, to the satisfaction of such Court, that such 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.
 
 
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the movable property belonging to such person or his estate if he be dead.
 
 
(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorize the attachment and sale of any movable property belonging to such person without such limits, when endorsed by the District Magistrate 2[***] within the local limits of whose jurisdiction such property is found.
 
 
(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.
 
 
(5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
 
 
(6) 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.
 
 
(7) When any person who has furnished security under section 106 or section 118 3[***] 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 514B, 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.
Procedure in case of insolvency or death of surety or when a bond is forfeited
4[514A. When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 514, the Court by whose order such bond was taken, or a 5[Metropolitan Magistrate or] Magistrate of the first class, may order the person form 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.
Bond required from a minor
514B. 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.]
Appeal from, and revision of, orders under section 514
6[515. All orders passed under section 514, by any Magistrate whether Executive or Judicial or Metropolitan Magistrate shall be appealable to the District Magistrate, Sessions Judge or the Metropolitan Sessions Judge respectively and where no such appeal is made, the order may be revised-
 
 
(a) by the Judicial Metropolitan Magistrate, if the order is passed by a Judicial Magistrate other than the Chief Judicial Magistrate;
 
 
(b) by the Chief Metropolitan Magistrate if the order is passed by a Metropolitan Magistrate other than the Chief Judicial Magistrate; and
 
 
(c) by the District Magistrate, if the order is passed by an Executive Magistrate other than the District Magistrate.]
Power to direct levy of amount due on certain recognizances
516. The High Court Division or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court Division or Court of Session.
 
 

  • 1
    The words "Metropolitan Magistrate or" were inserted by Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 2
    The words “or Chief Metropolitan Magistrate” were omitted by section 90(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words and figure “or section 562” were omitted by section 90(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 4
    Sections 514A and 514B were inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)
  • 5
    The words "Metropolitan Magistrate or" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 6
    Section 515 was substituted for section 515 by section 91 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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