Chapter XXXII
Section 446A CrPC: Cancellation of bond and bail bond
New Law Update (2024)
Section 505 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (2) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition; Provided that subject to any other provision of this Code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.
Important Sub-Sections Explained
Section 446A(1)
This sub-section mandates the cancellation of both the personal bond and any surety bonds if a person fails to comply with the bond’s conditions and the authorities are not satisfied with the reason for such failure.
Section 446A(2) and Proviso
After cancellation, a person cannot be released solely on their own bond. However, they may be released upon executing a new personal bond for an adequate sum and fresh surety bonds, as determined by the Police Officer or Court.
Landmark Judgements
Smt. Meenakshi Bala v. State of Haryana and Ors. (2018):
The Punjab and Haryana High Court clarified that the discretion to cancel a bond under Section 446A lies with the Court or Police Officer who executed the bond, and such discretion must be exercised judiciously after considering the ‘sufficient cause’ for non-compliance.
Surendra Nath v. State of Rajasthan (2001):
The Rajasthan High Court emphasized that if no sufficient cause is established for failure to comply with bond conditions, the cancellation of the bond under Section 446A(1) is a mandatory consequence. Thereafter, the person cannot be released on their own personal bond without a fresh bond and sureties as per the proviso to Section 446A(2).