Chapter XXXII
Section 441A CrPC: Declaration by sureties
New Law Update (2024)
Section 479 BNSS
TRIAL COURT
Punishment
Procedural – Bail
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
M.L. Sethi v. The State of Rajasthan, 2011 SCC OnLine Raj 1461:
This ruling emphasizes that the declaration under Section 441A CrPC is crucial for the court to ascertain the bona fides and genuineness of the surety, ensuring that the surety is not a professional one and possesses the capacity to ensure the accused’s presence.
Bhoop Singh v. State of Haryana, 2017 SCC OnLine P&H 1563:
The Punjab & Haryana High Court held that the purpose of Section 441A is to ensure that the surety is not overburdened by standing surety for numerous persons, and has the financial and moral capacity to fulfill their obligation, thereby preventing misuse of the bail process.