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.
Code of Criminal Procedure, 1973
Section 441A
Declaration by sureties
Englishहिंदी
⚡ Quick Answer Reference: Section 441A CrPC
- Provision: Section 441A of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: When someone stands surety for an accused person to be released on bail, they must declare to the court the number of people they have stood surety for, including the accused, and provide relevant details.
Statutory Content
What does Section 441A of CrPC say?
Indian StandardSection 441A, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 441A (India)
Court Pleading StandardSection 441A of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/441a
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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).
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Section Meaning & Purpose
What does Section 441A of CrPC mean?
Plain English Explanation
When someone stands surety for an accused person to be released on bail, they must declare to the court the number of people they have stood surety for, including the accused, and provide relevant details.
Practical Interpretation
This section ensures that the court is aware of the extent of the surety's responsibility and can take necessary steps to ensure the accused appears in court.
Core Legal Purpose
The core purpose of this section is to ensure transparency and accountability in the bail process by requiring sureties to declare their involvement and provide relevant details.
Key Legal Elements
- •The person standing surety must make a declaration before the court.
- •The declaration must include the number of persons to whom the surety has stood, including the accused.
- •The declaration must provide all relevant particulars.
- •There is no exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 441A CrPC
Rajesh, a businessman, stands surety for his friend, Amit, who has been accused of a crime. Rajesh must make a declaration before the court stating that he has stood surety for Amit and providing relevant details. This declaration helps the court understand the extent of Rajesh's responsibility and ensures that Amit appears in court as required.
Common Questions (FAQ)
Frequently Asked Questions about Section 441A CrPC
Q: What is the punishment or consequence under Section 441A 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 private individuals who stand surety for accused persons.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 441A CrPC
What is Section 441A of CrPC?
Section 441A of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Declaration by sureties". In plain terms: When someone stands surety for an accused person to be released on bail, they must declare to the court the number of people they have stood surety for, including the accused, and provide relevant details.
What is the punishment under Section 441A of CrPC?
Section 441A of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 441A of CrPC bailable or non-bailable?
Whether Section 441A of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 441A of CrPC?
The essential elements of Section 441A of CrPC are: The person standing surety must make a declaration before the court.; The declaration must include the number of persons to whom the surety has stood, including the accused.; The declaration must provide all relevant particulars..
Landmark Case Laws
Landmark Judgments under Section 441A CrPC
Patnahcucisdb94 High Court (10 8)
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