Amendment status not verified — confirm the current text below against the official source.
Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978). 256 FORM No. 48 NOTICE TO SURETY ON BREACH OF A BOND (See section 446) To of WHEREAS on the day of , 19 , you became surety for (name) of (place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to Government; and whereas the said (name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees. You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ FORM No. 49 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To of WHEREAS on the day of , 19 , you became surety by a bond for (name) of (place) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government; and whereas the said (name) has been convicted of the offence of (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited; You are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid. Dated, this day of ,19 . (Seal of the Court) (Signature) _____________ 257 FORM No. 50 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 446) To of WHEREAS (name, description and address) has bound himself as surety for the appearance of (mention the condition of the bond) and the said (name) has made default, and thereby forfeited to Government the sum of rupees (the penalty in the bond); This is to authorise and require you to attach any movable property of the said (name) which you may find within the district of , by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ FORM No. 51 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 446) To the Superintendent (or Keeper) of the Civil Jail at WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for (Specify the period); This is to authorise and require you, the said Superintendent (or Keeper) to receive the said (name) into your custody with the warrant and to keep him safely in the said Jail for the said (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ 258 FORM No. 52 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 446) To (name, description and address) WHEREAS on the day of , 19 , you entered into a bond not to commit, etc., (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees or to show cause before me within days why payment of the same should not be enforced against you. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ FORM No. 53 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 446) To (name and designation of police officer), at the police station of WHEREAS (name and description) did, on the day of , 19 , enter into a bond for the sum of rupees binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said (name) to the value of rupees , which you may find within the district of , and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realize the same; and to make return of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ 259 FORM No. 54 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 446) To the Superintendent (or Keeper) of the Civil Jail at WHEREAS proof has been given before me and duly recorded that (name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail of the period of (term of imprisonment); This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said (name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ FORM No. 55 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To the Police Officer in charge of the police station at WHEREAS (name, description and address) did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of , and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ 260 FORM No. 56 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To the Superintendent (or Keeper) of the Civil Jail at WHEREAS (name, description and address) did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said (name) has forfeited to Government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of (term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper), to receive the said (name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ STATE AMENDMENT Andhra Pradesh Amendment of Form No. 45 in the Second Schedule. — In the Principal Act, in the Second Schedule, in Form No. 45, in paragraph 2, after the words, “to forfeit to Government the sum of rupees” the following words shall be added namely:— “and I shall pay the fine imposed by the court in case I fail to produce the accused on the date fixed by the court.” [Vide Andhra Pradesh Act 17 of 2019 s. 3] 261 APPENDIX EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005 NO. 25 OF 2005 [23rd June, 2005.] An Act further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—