Report No. 78

Chapter 6

Release on Bond without Sureties

6.1. Bond without sureties.-

Apart from the question of excessive amount of the bond,1 another question which requires to be considered in regard to persons who are entitled to bail (the offence being bailable) or who are considered fit for release on bail (though the offence is non-bailable)-that is to say, the second and third categories of persons mentioned by us2-is the question of sureties. Although an order for release can be, or has been, passed, difficulties sometimes arise because the persons concerned cannot afford sureties. To meet such difficulty, the Code of Criminal Procedure even now contains certain provisions whereunder the officer or court can release a person on bond without sureties-sometimes called "personal recognisance".

The following is an illustrative list of provisions in the Code which empower the officer or court concerned-or, in one case, even require3 the court concerned4-to release a person accused of an offence on a bond without sure ties5:-

Sections 42(2), 88, 169, 389, 436(1), proviso, 437(2), 437(7).

1. Chapter 5, supra.

2. Para. 1.26, supra.

3. Section 437(7), Cr. P.C., 1973.

4. For a gist of these sections see Appendix 5.

5. The list is illustrative only.