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CrPC, 1973
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CrPCChapter XXXIIISection 440
Section440

Amount of bond and reduction thereof

AI Assist

Summary

Bond amounts must be fixed with regard to the case's circumstances and must not be excessive. The High Court or Court of Session can order that bail set by a police officer or Magistrate be reduced.

Example

Priya is arrested after a neighbour dispute and the police officer sets a high bond without considering her finances. The Court of Session finds the amount excessive and directs that the bail be reduced so Priya can be released on a lower bond.

Bare Act

Enacted text

(1) The amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced.

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XXXIII

Chapter XXXIII

Provisions As To Bail And Bonds

In this chapter

  • 436In what cases bail to be taken
  • 436AMaximum period for which an under trial prisoner can be detained
  • 437When bail may be taken in case of non-bailable offence
  • 437ABail to require accused to appear before next appellate Court
  • 438Direction for grant of bail to person apprehending arrest
  • 439Special powers of High Court or Court of Session regarding bail
  • 440Amount of bond and reduction thereof
  • 441Bond of accused and sureties
  • 441ADeclaration by sureties
  • 442Discharge from custody
  • 443Power to order sufficient bail when that first taken is insufficient
  • 444Discharge of sureties
  • 445Deposit instead of recognizance
  • 446Procedure when bond has been forfeited
  • 446ACancellation of bond and bail bond
  • 447Procedure in case of insolvency or death of surety or when a bond is forfeited
  • 448Bond required from minor
  • 449Appeal from orders under section 446
  • 450Power to direct levy of amount due on certain recognizances
Previous · Section 439Special powers of High Court or Court of Session regarding bailNext · Section 441Bond of accused and sureties