Procedure in case of insolvency or death of surety or when a bond is forfeited
AI Assist
Summary
If a surety for a bail bond dies, becomes insolvent, or the bond is forfeited, the court or a Magistrate of the first class can require the person who was ordered to provide security to give fresh security as the original order directed. If that fresh security is not produced, the court or Magistrate may treat the failure as a default under the original order and proceed accordingly.
Example
Priya had been ordered to provide security for Arjun's bail. When the original surety became insolvent, the court directed Priya to furnish fresh security in line with the original order. Priya failed to provide it, so the court treated her failure as a default and proceeded accordingly.
Bare Act
Enacted textWhen any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
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