CrPC Section 446A: Cancellation of Bond and Bail Bond

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CrPC Section 446A: Cancellation of Bond and Bail Bond

Code:

Section 446A. Cancellation of bond.

(1) Where any person has been released on bail under this Code, the Court may, for reasons to be recorded, cancel such bail bond and direct that the person be taken into custody:

(a) if the person fails to appear before the Court in accordance with the conditions of the bond;

(b) if the person is likely to abscond or to tamper with the evidence or to otherwise obstruct the course of justice;

(c) if the person is guilty of any breach of the conditions of the bond;

(d) if the person has been convicted of an offence punishable with death or imprisonment for life and the Court considers that the person should be kept in custody until the appeal or other legal remedy is disposed of;

(e) if the person is likely to commit any offence while on bail.

(2) Where the Court cancels the bail bond, it shall direct that the person be taken into custody and shall also issue a warrant for his arrest.

Explanation:

Section 446A of the Code of Criminal Procedure (CrPC) deals with the cancellation of bail bonds. This section empowers the Court to cancel the bail bond of an accused person under certain circumstances, leading to their arrest and detention.

The Court can cancel the bail bond if:

  • The accused fails to appear before the Court as per the bond conditions.
  • The accused is likely to abscond, tamper with evidence, or obstruct justice.
  • The accused breaches any condition of the bail bond.
  • The accused is convicted of an offence with death or life imprisonment, and the Court deems it necessary to keep them in custody pending appeals or legal remedies.
  • The accused is likely to commit another offence while on bail.
Also Read  CrPC Section 465: Reversible Errors, Omissions, and Irregularities in Findings or Sentences

Upon cancellation, the Court must issue a warrant for the accused’s arrest and order their detention.

Illustration:

Suppose a person, ‘A’, is granted bail under the CrPC. ‘A’ fails to appear in court on the scheduled date as per the bail bond conditions. This constitutes a breach of the bond. The Court, under Section 446A, can cancel ‘A’s bail bond, issue a warrant for their arrest, and order their detention.

Common Questions and Answers:

Q: Can a bail bond be cancelled without a hearing?

A: No, the Court must provide the accused an opportunity to be heard before cancelling the bail bond. The accused should be given an opportunity to explain their side of the story and to contest the reasons for cancellation.

Q: Can the accused appeal against the cancellation of their bail bond?

A: Yes, the accused can appeal against the cancellation order in a higher court. The higher court will review the grounds for cancellation and decide whether the order was justified.

Q: What happens if the accused is arrested after their bail bond is cancelled?

A: The accused will be taken into custody and will remain in detention until further legal proceedings, such as a trial or appeal, are concluded.

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