What is the responsibility of surety in bail in India?
Asked by: Rachel Gleason | Last update: December 6, 2025Score: 4.1/5 (5 votes)
'Surety' under the Code of Criminal Procedure, 1973: In India surety is also known as bail bond. It is a guarantee to the court that the accused will appear in the court and then only he or she will be released from jail.
Can a surety go to jail in India?
Where the penalty is not paid and cannot be recovered in the manner provided the person bound a surety shall be liable to imprisonment in civil jail for a term of six months.
What is the rule of surety?
A surety is a person or entity that assumes direct liability for another's obligation . Financial creditors may require the debtor to find a surety, who then signs the loan agreement along with the debtor. A financial surety's liability arises as soon as the agreement is closed.
Can wife give surety for bail in India?
Based on the legal documents reviewed, a wife can indeed act as a surety for her husband in bail proceedings. However, it is essential to ensure that she meets the necessary conditions and is prepared for the responsibilities that come with being a surety.
Do you get your bail money back in India?
Bail money is held by the court until the court case is resolved or the individual fails to appear. In the first case the money is returned to the individual who paid it. In the last case the money is forfeited and is distributed according to regulation usually to law enforcement and/or the courts.
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Is bail money returned if found guilty?
The answer is usually yes — bail money is refunded after the trial if you've followed the court's instructions and attended all required hearings, irrespective of the verdict. But there's a catch: if you used a bail bondsman, their fee isn't returned.
What happens after bail is granted in India?
After bail is granted, the accused person is released from custody on certain conditions set by the court. These conditions may include surrendering their passport, appearing before the police station regularly, refraining from contacting witnesses or victims, etc.
What is the role of surety in bail in India?
What is a 'surety' in bail? A surety is a person who guarantees the defendant will attend their court date after being granted bail. The surety is required to surrender a security (money or property) if the accused fails to appear in court.
How do I claim surety bond?
- Step #1: Find out who bonded the offender.
- Step #2: Make contact with the bonding company, specifically their Claims Department.
- Step #3: File the surety bond claim as the surety company requires.
- Step #4: Once your claim is received, maintain contact with the surety company.
Who is the person who gives the surety?
The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor".
What are the duties of a surety?
A surety is a person who comes to court and promises to supervise an accused person while they are out on bail. A surety also promises an amount of money to the court if the accused doesn't follow one or more of the bail conditions or doesn't show up to court when required.
What is the main purpose of the surety?
A surety is a promise or agreement made by one party that debts and financial obligations will be paid. In effect, a surety acts as a guarantee that a person or an organization assumes responsibility for fulfilling financial obligations in the event that the debtor defaults and is unable to make payments.
What are the 3 C's of surety?
A number of these factors fall under what the Surety industry calls “The Three C's”; Character, Capacity, and Capital. All three of these are important to the underwriting process. The principal needs to exhibit the Character, Capacity, and Capital to qualify for surety credit.
What documents are required for bail surety in India?
Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.
How to get out of surety?
Your surety can go to the courthouse at any time and ask to be relieved of their duties and responsibilities as your surety. They may do this if they believe: you have already not followed a condition of your bail. you're not going to follow a condition of your bail in the future.
What are the rights of a surety in India?
A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and if the creditor loses, or, without the consent of the surety, parts with such ...
How long does a surety bond take?
Bottom line, if the required surety bond requires underwriting, it could potentially be done within a few business hours, but for more complicated bonds, or when sureties require additional information about your business, the process could take 1 to 2 business days.
Do you pay back a surety bond?
If you are found to be liable for a claim, the surety bond company will work with you on repayment of a called Surety Bond. The cost can vary depending on how much was paid out by the security provider in your case and whether or not they recoup their losses.
How much do you pay of a surety bond?
Surety bond costs are typically 1-10% of the bond amount, but this varies by the bond type required of you and your financial strength. Generally speaking, the cost of a surety bond is calculated as a small percentage of the total bond amount that is required to be in place.
What are the responsibilities of a surety bond?
The contractor is typically responsible for obtaining the surety bonds. However, the owner is the one who ultimately benefits from the bond's protection. In most cases, contractors will pay for the bond, but the costs are usually factored into the overall contract.
Who benefits from a surety bond?
The surety guarantees the principal's performance of their contractual obligations by acting as a financial guarantor to ensure the project is completed on time and according to budget. Surety bonds safeguard the obligee's interests by providing a financial recourse if the contractor fails to fulfill their commitments.
What is the rule of surety bond?
The obligation undertaken by the Surety shall not be discharged or in any way affected by an extension of time or any other indulgence granted by the Government to the said Borrower. The stamp-duty payable in respect of these presents shall be borne and paid by the Government.
What is the time period of bail in India?
The object of this provision manifests the legislative anxiety that once a person's liberty has been interfered with, the arrest made without a warrant or a court order, the investigation must be conducted with utmost urgency Persons who are detained for committing an offence and undergoing investigation are ...
Is bail money refundable?
If you paid your bail in cash and followed court orders, including appearing for all court dates, you will receive a full refund of your bail money after your case is resolved. The refund will not include any administrative or court fees that might have been charged. Property Bonds.
During which stages can bail be granted?
Bail may be granted to a suspect immediately after booking or at a later bail review hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his own recognizance need not post bail, but must promise in writing to appear at all scheduled court appearances.