Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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N.K.Assumi (Advocate)     01 February 2009

Demand of cash security for Bail;

IS COURT AUTHORISED TO DEMAND CASH SECURITY AS A CONDITION PRECEDENT FOR THE RELEASE OF A PERSON ON BAIL? DESPITE SUFFICIENT SURETY OR SURETIES? DOES INDIAN CRIMINAL SYSTEM MAKES IT MANDATORY FOR CASH SURETY UNDER SECTION 441 AND 445 CRPC?



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 5 Replies

PALNITKAR V.V. (Lawyer)     01 February 2009

It is not mandatory that the accused should furnish cash bail. it is within the discretion of the Magistrate or Judge to ask for cash bail. There is no hard and fast rule on that point. However, it is expected that the discretion should be used judiciously.

N.K.Assumi (Advocate)     01 February 2009

h security/despite personal bond of the accused couple with sufficient surety can the Court refused bail as the accused could not deposit cash as demanded by the Court? does section 445 Crpc contemplate mandatory cash sec urity?

PALNITKAR V.V. (Lawyer)     01 February 2009

 If the court has passed order u/s 445 to furnish cash bail, the court has discretion to refuse release of accused if he fails to furnish cash bail. According to my interpretation of sec. 445 if the court asks for cash bail, it should not ask for sureties.

Prakash Yedhula (Lawyer)     01 February 2009

 In case you feel that the condition imposed is onerous, a revision petition can be filed against the said order before the High Court to modify the terms.  

K.C.Suresh (Advocate)     02 February 2009

Prakash is right. The prsiding officer may insist for cash even there is other securities. If aggrieved go in revision.


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