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Code of Criminal Procedure, 1973

Section 441

Bond of accused and sureties

Quick Answer Reference: Section 441 CrPC

  • Provision: Section 441 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
  • Summary: This section requires a person to execute a bond before being released on bail, with conditions to attend court as directed.
Statutory Content

What does Section 441 of CrPC say?

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.

Indian StandardSection 441, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 441 (India)
Court Pleading StandardSection 441 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/441

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 441 of CrPC mean?

Plain English Explanation

This section requires a person to execute a bond before being released on bail, with conditions to attend court as directed.

Practical Interpretation

In practice, this means the court or police officer sets a bond amount and conditions for bail, which the accused and sureties must agree to.

Core Legal Purpose

The purpose is to ensure the accused attends court proceedings and complies with bail conditions, with sureties guaranteeing their appearance.

Key Legal Elements
  • Execution of a bond by the accused and sureties
  • Condition to attend court as directed
  • Determination of sureties' fitness
  • Imposition of additional conditions for release on bail
Practical Example

Practical Example of Section 441 CrPC

Rajesh is accused of a crime and applies for bail. The court sets a bond amount and conditions, which Rajesh and his sureties, Priya and Amit, must agree to. They execute the bond, promising Rajesh will attend court as directed.

Common Questions (FAQ)

Frequently Asked Questions about Section 441 CrPC

Q: What is the punishment or consequence under Section 441 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to individuals accused of a crime, who are seeking release on bail.

Q: Is an offence under this section bailable or cognizable?

This section is related to the procedure for release on bail and does not classify an offence as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 441 CrPC

What is Section 441 of CrPC?

Section 441 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Bond of accused and sureties". In plain terms: This section requires a person to execute a bond before being released on bail, with conditions to attend court as directed.

What is the punishment under Section 441 of CrPC?

Section 441 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 441 of CrPC bailable or non-bailable?

Whether Section 441 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 441 of CrPC?

The essential elements of Section 441 of CrPC are: Execution of a bond by the accused and sureties; Condition to attend court as directed; Determination of sureties' fitness.

Landmark Case Laws

Landmark Judgments under Section 441 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)