• 441a in surety bond not declared

I act as surety in 2 cases (both family disputes related to property),I was called by my uncle to carry vehicle paper and driving license that time I don't know anything about surety bond.I just signed the surety bond paper not filled by me, there is one section in which one has to declare in how many case and to how many person u have stood surety (i.e. 441a),in the second time my uncle did not declare it, so shall I be prosecuted for same and it comes under perjury (193) or section 199.and what should I do so that no case will get Registered against me.
Asked 8 years ago in Family Law
Religion: Hindu

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9 Answers

1.Now not proceedins against you. None of the accused absconded. So surrender before the court through an advocate and submit an application to withdraw surety in second case, expressing your ignorance of law and contends of bond forms. The court will accept your expalanation and uncoditional apology and discharge you as surety.. The accused will be asked to produce new surety. No problem for you. Ok. Never read too much, law having very big hands.

Section 441-A Cr.P.C. is inserted by Act 25 of 2005 w.e.f. 23.06.2006 and Rule 9A of Chapter 10, Volume 3 of the Rules and Orders of the Punjab and Haryana High Court [for short "Rules & Orders] is added by correction slip dated 11.09.2007. Section 441-A Cr.P.C. was aimed to curb the tendency of a person standing surety for more than one accused,

Section of 441a of CR.P.C.Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Stood as second time suirity is not illegal any how you should not hearafterwards

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1)As per Section 441-A of the Code of Criminal Procedure, every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

2)to determine whether surety is fit or sufficent court may accept affidavit in proof of facts contained therein or hold inquiry to determine whether surety is fit or sufficent

3)if person has stood surety in more than one case he may not be found fit for standing surety for further accused persons

4)making false affidavit on oath is punishable offence . surety can be prosecuted under section 193 of IPC .

5) magistrate before whom false affidavit was filed can file complaint against surety in this regard

Ajay Sethi
Advocate, Mumbai
99858 Answers
8148 Consultations

1. Please contact me on phone with the permission of kaanoon to remove your doubts from your mind once for all.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can apply to Court that your name be removed as surety

2) notice would be issued to Uncle to furnish another surety

Ajay Sethi
Advocate, Mumbai
99858 Answers
8148 Consultations

Yes

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. A surety bond is supported by an affidavit. So if you furnished wrong information to the court then you are liable to be prosecuted for the offence of perjury.

2. Apply to the court immediately to remove yourself as a surety in the second case. You will surely be asked tough questions by the court, to which you can say that had no knowledge about the contents of the bond. The court may in its discretion decide to not to prosecute you for the offence of perjury.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The same person can stand surety to the same accused in another case also based on the documents already submitted.

He can stand surety to another person also but he cannot stand surety to an unknown person.

The surety amount would not be to the extent of the value of the property, hence he can stand upto the value.

Non-disclosure of the previous sutreties may not be a very serious issue until it has crossed the threshold.

T Kalaiselvan
Advocate, Vellore
90059 Answers
2499 Consultations

So removing surety from 2nd case will solve my problem? whether judge ask any question why u r removing ur surety and that u don't declare that u stood surety earlier in 1 case, and at the time of removing I will not be asked any question?so simply I go to court and remove my surety in 2nd case will solve my problem and after that I don't to worry anymore.

Getting excluded in giving surety to another case is another option, the court will not ask all such type of questions as what you have mentioned.

You can inform the advocate to remove you from the solvency to the accused, he will arrange for another solvency in your place.

T Kalaiselvan
Advocate, Vellore
90059 Answers
2499 Consultations

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