CrPC Forms 48, 49 and 50: Surety Bond Notices and Attachment Warrant
Forms 48, 49 and 50 in the Second Schedule to the Code of Criminal Procedure, 1973 are prescribed forms connected with forfeiture and enforcement of bonds under Section 446. This page reproduces the pre-BNSS CrPC forms and explains their statutory context.
Section 446 CrPC: Procedure when a bond is forfeited
Section 446 of the Code of Criminal Procedure, 1973 deals with the procedure where a bond for appearance or production of property, or another bond under the Code, is proved to the satisfaction of the competent Court to have been forfeited. The Court records the grounds of proof and may call upon the person bound by the bond to pay the penalty or show cause why it should not be paid. Where sufficient cause is not shown and the penalty remains unpaid, the Court may proceed to recover it in accordance with the section.
The forms below should be read with Section 446 and the facts and order of the competent Court. They are statutory form templates and not substitutes for a judicial order determining forfeiture.
Form No. 48 - Notice to Surety on Breach of a Bond
See Section 446 CrPC
To __________ of __________
WHEREAS on the __________ day of __________, 20____, 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 __________, 20____.
(Seal of the Court)
(Signature)
Form No. 49 - Notice to Surety of Forfeiture of Bond for Good Behaviour
See Section 446 CrPC
To __________ of __________
WHEREAS on the __________ day of __________, 20____, 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 __________, 20____.
(Seal of the Court)
(Signature)
Form No. 50 - Warrant of Attachment Against a Surety
See Section 446 CrPC
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 __________, 20____.
(Seal of the Court)
(Signature)
Purpose of Forms 48, 49 and 50
Form 48 gives a surety notice after breach of an appearance bond and requires payment of the forfeited penalty or an explanation showing why payment should not be enforced.
Form 49 concerns a surety for good behaviour where the person for whom the surety was given is convicted of an offence committed during the relevant period. It similarly calls upon the surety to pay the penalty or show cause.
Form 50 is the warrant used for attachment of movable property of a surety for recovery of the forfeited penalty in the circumstances contemplated by Section 446.
This page preserves the CrPC forms for reference to proceedings governed by the Code of Criminal Procedure, 1973. For proceedings governed by the law in force from 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 and its applicable schedules/forms should also be consulted.