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Report No. 102

1.3. The anomaly.-

This creates an anomaly, because the more serious case is left uncovered by the law, while the less serious case has been provided for. Probably, the assumption underlying the present legislative position is that in case of a bond with sureties, monetary penalties can be recovered from the sureties, and thus some kind of sanction already exists. But this does not explain why the case should be left uncovered so far as imprisonment of the defaulter is concerned. After all, the primary liability is that of the defaulter. It is he against whom an apprehension exists that he may commit a breach of the peace. It is he on whom the law primarily operates; and it is he who binds himself. Sureties are envisaged as persons with secondary liability. The principal liability should be of the defaulter. So viewed, the present law is not satisfactory and needs attention.

Section 122(1) of the Code of Criminal Procedure, 1973 - Imprisonment for breach of Bond for Keeping the Place with Sureties Back

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