Criminal Procedure Code 2010 · 2020 Revised Edition · Part 6 · Arrest and Bail and Processes to Compel Appearance
107A. Procedure for forfeiture of bond with sureties
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This section provides for the forfeiture of the following bonds:
a bond with one or more sureties;
a bond with sureties to keep the peace;
a bond with sureties for good behaviour.
If it is proved to a court’s satisfaction that —
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
the released person for whose appearance a bond mentioned in subsection (1)(a) was executed has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so;
the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or
the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,the court —
must record the basis of such proof;
must forfeit the bond, as far as it relates to the relevant person;
may summon before the court each person bound by the bond;
may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and
may call upon the relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the relevant person should not pay that sum.
If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that —
in relation to a bond mentioned in subsection (1)(a), the surety is in breach of any of the surety’s duties mentioned in section 104;
in relation to a bond mentioned in subsection (1)(b), the surety has, without reasonable excuse, failed to ensure that the relevant person keeps the peace; or
in relation to a bond mentioned in subsection (1)(c), the surety has, without reasonable excuse, failed to ensure that the relevant person is of good behaviour,the court —
must record the basis of such proof; and
may, having regard to all the circumstances of the case —
forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and
order the surety to pay the amount forfeited.
The court may order that any sum or amount mentioned in subsection (2)(h) or (3)(e) be paid by instalments.
If the court calls upon the relevant person to pay the sum mentioned in subsection (2)(h), or to explain why the relevant person should not pay that sum, section 107(3) to (9) applies to the relevant person as it applies to a relevant person as defined in section 107(10).
If any amount forfeited under subsection (3)(e) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety.
property
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
The attachment of any property under subsection (6) may be carried out —
by seizure of the property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or
by appointing a receiver, who may take possession of and sell the property, and apply the proceeds towards the payment of the amount forfeited.
If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.
If the amount forfeited under subsection (3)(e) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months.
Any person may, not later than 7 days after the date any property is seized under subsection (7)(a) or taken possession of by the receiver under subsection (7)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit.
Any unsatisfied part of the amount forfeited under subsection (3)(e) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.
The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (3)(e), reduce that amount and enforce part‑payment only.
In this section, “relevant person” means —
the released person for whose appearance a bond mentioned in subsection (1)(a) is executed;
the person bound by a bond mentioned in subsection (1)(b); or
the person bound by a bond mentioned in subsection (1)(c).