Chapter XXXII
Section 445 CrPC: Deposit instead of recognizance
New Law Update (2024)
Section 480 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
Important Sub-Sections Explained
Landmark Judgements
Surjit Singh v. State of Punjab (2007):
This case clarified that the power to permit deposit in lieu of a bond under Section 445 CrPC is discretionary and depends on the facts and circumstances of each case, emphasizing that the purpose is to ensure the presence of the accused without undue hardship.
Ravinder Kumar @ Kaku v. State of Punjab (2008):
The High Court reiterated that the deposit allowed under this section serves as an alternative to furnishing a bond, and the conditions related to the bond (like ensuring appearance) would apply to the deposit as well, ensuring compliance with court orders.
Draft Format / Application
IN THE COURT OF THE [Designation of Magistrate/Judge, e.g., Chief Judicial Magistrate/Sessions Judge], [City/District]
Criminal Misc. Application No. ________ of 20XX
IN THE MATTER OF:
[Applicant’s Name]
S/o [Father’s Name]
R/o [Residential Address]
…APPLICANT
VERSUS
THE STATE OF [State Name]
(Through [Police Station/Investigating Agency])
…RESPONDENT
APPLICATION UNDER SECTION 445 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR PERMISSION TO DEPOSIT MONEY IN LIEU OF BOND
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is an accused/party in [mention case details, e.g., FIR No. XXX/XXXX, Police Station YYY, under Sections ZZZ IPC or specific court order requiring bond].
2. That this Hon’ble Court/the Ld. Court of [mention specific Court/Officer] vide order dated [Date of Order] has been pleased to direct the Applicant to furnish a personal bond with/without sureties in the sum of Rs. [Amount] for [state purpose of bond, e.g., appearance before the Court, maintaining peace, etc.].
3. That the Applicant, due to [state reasons, e.g., difficulty in arranging sureties, financial constraints in securing solvent sureties, etc.], is unable to execute the said bond with/without sureties as required by the order.
4. That Section 445 of the Code of Criminal Procedure, 1973 permits a person required to execute a bond to deposit a sum of money or Government promissory notes in lieu thereof, except in the case of a bond for good behaviour.
5. That the present bond is not for good behaviour and therefore, the Applicant is eligible to avail the benefit of Section 445 CrPC.
6. That the Applicant is ready and willing to deposit the required sum of Rs. [Amount] or Government promissory notes of equivalent value, as deemed fit by this Hon’ble Court, in lieu of executing the bond.
7. That it is in the interest of justice that the Applicant be permitted to deposit the said amount in lieu of the bond.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:
a) Permit the Applicant to deposit a sum of money amounting to Rs. [Amount] (Rupees [Amount in words] only) or Government promissory notes of equivalent value, in lieu of executing the bond as directed vide order dated [Date of Order].
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Applicant/Counsel for Applicant)