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SECOND
SCHEDULE
(See section 476)
FORM NO.1
Summons to an Accused Person
(See section 61)
To...................................... (name of accused)
of .........................(address)
WHEREAS your attendance is necessary to answer to a charge
of ..................... (state shortly the offence charged),
you are hereby required to appear in person (or by pleader,
as the case may be) before the (Magistrate) of...............................
on the ........................day of ....................
Herein fail not.
Dated, this ............... day of ......,20 .....
(Seal of Court)
(Signature)
FORM NO. 2
Warrant of Arrest
(See section 70)
To................................................. (name
and designation of the person of persons who is or are to
execute the warrant).
WHEREAS (name and accused) of (address) stands charged with
the offence of ................................(state the
offence),you are hereby directed to arrest the said ............................
and to produce him before me. Herein fail not.
Dated, this............................. day of ...............,
20......
(Seal of the Court)
(Signature)
(See section 71)
This warrant may be endorsed as follows:-
If the said .........................shall give bail himself
in the sum of rupees ....................with one surety in
the sum of rupees .................. (or two sureties each
in the sum of rupees ..................) to attend before
me on the ..................... day of ......................
and to continue so to attend until otherwise directed by me,
he may be released.
Dated, this ...............................day of ...............,20.......
(Seal of the Court)
(Signature)
FORM NO. 3
Bond and Bail-Bond after Arrest under a Warrant
(See section 81)
I,................................................(name),
of .......................... being brought before the District
Magistrate of ........................(or as the case may
be) under a warrant issued to compel my appearance to answer
to the charge of .....................,do hereby bind myself
to attend in the Court of ..................... on the day
of ....................... next, to answer to the said charge,
and to continue so to attend until otherwise directed by the
Court, and in case of my making default herein, I bind myself
to forfeit, to Government, the sum of rupees.
Dated, this ....................day of ...............,20......
(Seal of the Court)
(Signature)
I do hereby declare myself surety for the above-named ............................
of..............,that he shall attend before ..................
in the Court of .......................... on the day of .................
next, to answer to the charge on which he has been arrested,
and shall continue so to attend until otherwise directed by
the Court; and in case of his making default therein, I bind
myself to forfeit, to Government, the sum of rupees.
Dated, this....................day of ............,20.....
(Signature)
FORM NO. 4
Proclamation requiring the appearance of a Person Accused
(See section 82)
WHEREAS complaint has been made before me that ........................................
(name, description and address) has committed (or is suspected
to have committed) the offence of...................,punishable
under section .............. of the Indian Penal Code, and
it has been returned to a warrant of arrest thereupon issued
that the said.................................... (name) cannot
be found, and whereas it has been shown to my satisfaction
that the said ............................... (name) has absconded
(or is concealing himself to avoid the service of the said
warrant);
Proclamation is hereby made that the said ......................
of ...................is required to appear at.......................(place)before
this Court (or before me ) to answer the said complaint in
the ......................day of ...................... ,
Dated, this..........................day of ....................,20
.....
(Seal of the Court)
(Signature)
FORM NO. 5
Proclamation requiring the attendance of a Witness
(See sections 82, 87, and 90)
WHEREAS complaint has been made before me that.............................................
(name, description and address) has committed (or is suspected
to have committed) the offence of....................................
(mention the offence concisely) and a warrant has been issued
to compel the attendance of ..........................(name,
description and address of the witness) before this Court
to be examined touching the matter of the said complaint;
and whereas it has been returned to the said warrant that
the said ...............................(name of witness)
cannot be served, and it has been shown to my satisfaction
that he has absconded (or is concealing himself to avoid the
service of the said warrant);
Proclamation is hereby made that the said .....................................
(name) is required to appear at .........................(Place)
before the Court of ......................................
on the ............................ Day of.....................next
at............................O'clock to be examined touching
........................ the offence complained of
Dated, this .....................day of ..................,20.....
(Seal of the Court)
(Signature)
FORM NO. 6
Order of attachment to compel the attendance of a Witness
(See section 83)
To the Officer in charge of the Police station at ..........................
WHEREAS a warrant has been duly issued to compel the attendance
of ..............................................(name, description
and address) to testify concerning a complaint pending before
this Court, and it has been returned to the said warrant that
it cannot be served; and whereas it has been shown to my satisfaction
that he has absconded (or is concealing himself the avoid
the service of the said warrant);and thereupon a proclamation
has been or is being duly issued and published requiring the
said ......................to appear and give evidence at
the time and place mentioned therein;
This is to authorise and require you to attach by seizure
the movable property belonging to the said......................
to the value of rupees ..................which you may find
within the District of ....................... and to hold
the said property under attachment pending the further order
of his Court, and to return this warrant with an endorsement
certifying the manner of its execution.
Dated, this.........................day of .............,
20.....
(Seal of the Court)
(Signature)
FORM NO. 7
Order of attachment to compel the appearance of a Person Accused
(See section 83)
To.............................................. (name and
designation of the person or persons who is or are to execute
the warrant).
WHEREAS complaint has been made before me that ........................................(name,
description and address) has committed (or is suspected to
have committed) the offence of..................... punishable
under section................... of the Indian Penal Code,
and it has been returned to a warrant of arrest thereupon
issued that the said .................................. (name)
cannot be found; and whereas it has been shown to my satisfaction
that the said .................................(name) has
absconded (or is concealing himself to avoid the service of
the said warrant) and thereupon a Proclamation has been or
is being duly issued and published requiring the said........................
to appear to answer the said charge within ..................
days; and whereas the said ................ is possessed of
the following property, other than land paying revenue to
Government, in village (or town), of ................................
in the District of...................., viz ..................,...............and
an order has been made for the attachment thereof;
You are hereby required to attach the said property in the
manner specified in clause (a), or clause (c), or both1 ,
of sub-section (2) of section 83, and to hold the same under
attachment pending further order of this Court, and to return
this warrant with an endorsement certifying the manner of
its execution.
Dated, this.........................day of ....................,
20.....
(Seal of the Court)
(Signature)
FORM NO. 8
Order authorising an attachment by the District Magistrate
or Collector
(See section 83)
To the District Magistrate/Collector of the District of .................
WHEREAS complaint has been made before me that.............................................(name,
description and address) has committed (or is suspected to
have committed) the offence of ....................... punishable
under section................ of the Indian Penal Code, and
it has been returned to a warrant of arrest thereupon issued
that the said .......................................... (name)
cannot be found; and whereas it has been shown to my satisfaction
that the said ....................................(name) has
absconded (or is concealing himself to avoid the service of
the said warrant) and there upon a Proclamation has been or
is being duly issued and published requiring the said ..................................
(name) to appear to answer the said charge within ..............
days; and whereas the said ...................... is possessed
of certain land paying revenue to Government in the village
(or town) of .......................in the District of .....................,
You are hereby authorised and requested to cause the said
land to be attached, in the manner specified in clause (a),
or clause (c), or both2 , of sub-section (4) of section83,
and to be held under attachment pending the further order
of this Court, and to certify without delay what you may have
done in pursuance of this order.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 9
Warrant in the first instance to Bring up a Witness
(See section 87)
To.........................................(name and designation
of the Police Officer or other person or persons who is or
are to execute the warrant).
WHEREAS complaint has been made before me that..............................(name
and description of accused) of..............................(address)
has (or is suspected to have) committed the offence of .......................(mention
the offence concisely), and it appears likely that ............................
(name and description of witness) can give evidence concerning
the said complaint and whereas I have good and sufficient
reason to believe that he will not attend as a witness on
the hearing of the said complaint unless compelled to do so;
This is to authorise and require you to arrest the said .............................
(name of witness) and on the......................day of..................
to bring him before this Court, to be examined touching the
offence complained of.
Dated, this.................. day of......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 10
Warrant to search after information of a particular Offence
(See section 93)
To................................... (name and designation
of the Police Officer or other person or persons who is or
are to execute to warrant).
WHEREAS complaint has been laid (or complaint has been made)
before me of the commission (or suspected commission) of the
offence of ...................(mention the offence concisely),
and it has been made to appear to me that the production of...............................
(specify the thing clearly) is essential to the inquiry now
being made(or about to be made) into the said offence (or
suspected offence);
This is to authorise and require you to search for the said
............................(the thing specified)in the(describe
the house or place or part thereof to which the search is
to be confined),and, if found, to produce the same forthwith
before this Court, returning this warrant, with an endorsement
certifying what you done under it, immediately upon its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 11
Warrant to search suspected place of Deposit
(See section 94)
To..................................... (name and designation
of the Police Officer above the rank of a constable).
WHEREAS information has been laid before me, and do inquiry
thereupon had, I have been led to believe that the .............................
(describe the house or other place)is used as a place for
the deposit (or sale) of stolen property (or is for either
of the other purpose expressed in the section, state the purpose
in the words of the section);
This is to authorise and require you to enter the said house
(or other place) with such assistance as shall be required,
and to use, if necessary, reasonable force for that purpose,
and to search every part of the said house (or other place,
or of the search is to be confined to a part, specify the
part clearly), and to seize and take possession of any property
(or documents, or stamps, or seals, or coins, or obscene objects,
as the case may be) (add, when the case requires it) and also
of any instrument and materials which you may reasonable believe
to be kept for the manufacture of forged documents, or counterfeit
stamps, or false seals or counterfeit coins or counterfeit
currency notes (as the case may be),and forthwith to bring
before this Court such of the said things as may be taken
possession of, returning this warrant, with an endorsement
certifying what you have done under it, immediately upon its
execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 12
Bond to keep the peace
(See sections 106 and 107)
WHEREAS I, ............................ (name) inhabitant
of......................... (Place), have been called upon
to enter into a bond to keep the peace for the term of ...............
or until the completion of the inquiry in the matter of ........................
now pending in the Court of.............................,
I hereby bind myself not to commit a breach of the peace,
or do any act that may probably occasion a breach of the peace,
during the said term or until the completion of the said inquiry
and, in case of my making default therein, I hereby hind myself
to forfeit to Government the sum of rupees.................
Dated, this.......................day of ............,20.....
(Signature)
FORM NO. 13
Bond for good behaviour
(See sections 108, 109 and110)
WHEREAS I, ................................(name) inhabitant
of (Place)......................, have been called upon to
enter into a bond to be of good behaviour to Government and
all the citizen of India for the term of .......................
(state the period) or until the completion of the inquiry
in the matter of ..................... now pending in the
Court of.........................., I hereby bind myself to
be of good behaviour to Government and all the citizens of
India during the said term or until the completion of the
said inquiry; and, in case of my making default therein, I
hereby myself to forfeit to Government the sum of rupees ......................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
(Where a bond with sureties is to be executed, add...)
We do hereby declare ourselves sureties for the above-named
..................... that he will be of good behaviour to
Government and all the citizens of India during the said term
or until the completion of the said inquiry; and, in case
of his making default therein, we bind ourselves, jointly
and severally, to forfeit to Government the sum of rupees
.......................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 14
Summons of information of a probably breach of the peace
(See section 113)
To......................... of.....................
WHEREAS is has made to appear to me by credible information
that ....................... (state the substance of the information),
and that you are likely to commit a breach of the peace (or
by which act a breach of the peace will probably be occasioned),you
are hereby required to attend in person (or by a duly authorised
agent) at the office of the Magistrate of .........................
on the.....................day of 20 ............... at ten
o'clock in the forenoon, to show cause why you should not
be required to enter in to a bond for rupees ........................
[when sureties are required, add, and also to give security
by the bond of one (or two, as the case may be)surety (or
sureties)in the sum of rupees ...............(each if more
than one)] that you will keep the peace for the term of ................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 15
Warrant of commitment on failure to find security to keep
the peace
(See section 122)
To the Officer in charge of the Jail at ..........................
WHEREAS................................................(name
and address)appeared before me in person (or by his authorised
agent) on the .......................day of ...................in
obedience to a summons calling upon him to show cause why
he should not enter into a bond for rupees ......................with
one surety (or a bond with two sureties each in rupees...)
that be, the said .................................(name),
would keep the peace for the period of.......................
months; and whereas an order was then made requiring the said
.................................. (name) to enter into and
find such securities (state the security ordered when if differs
from that mentioned in the summons), and he has failed to
comply with the said order;
This is to authorise and require you to receive the said .............................(name)
into your custody, together with this warrant, and him safely
to keep in the said jail for the said period of ............................
(term of imprisonment) unless he shall in the meantime be
lawfully ordered to be released, and to return this warrant
with an endorsement certifying the manner of its execution.
Dated, this.......................day of ............, 20.....
(Seal of the Court)
(Signature)
FORM NO. 16
Warrant of commitment on failure to find security for good
behaviour
(See section 122)
To the Officer in charge of the jail at .................
WHEREAS it has been made to appear to me that ............................(name
and description) has been concealing his presence within the
district of .................. and that there is reason to
believe that he is doing so with a view to committing a cognizable
offence.
or
WHEREAS evidence of the general character of .........................................(name
and description) has been adduced before me and recorded,
from which it appears that he is an habitual robber (or house-breaker,
etc., as the case may be);
And whereas an order has been recorded station the same and
requiring the said ......................................
(name) to furnish security for his good behaviour for the
term of ...............................(state the period)
by entering into a bend with one surety (or two or more sureties,
as the case may be), himself for rupees ..............., and
the said surety (or each of the said sureties) or rupees .........................
and the said.................................. (name) has
failed to comply with the said order and for such default
has been adjudged imprisonment for ............................(state
the term) unless the said security by sooner furnished;
This is to authorised and require you to receive the said
........................... (name)into your custody, together
with this warrant and him safely to keep in the Jail, or if
he already in prison, be detained therein, for the aid period
of ................... (term of imprisonment) unless he shall
in the meantime be lawfully ordered to be released, and to
return this warrant with an endorsement certifying the manner
of its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 17
Warrant to discharge a person imprisoned on failure to give
security
(See sections 122 and 123)
To the Officer in charge of the Jail at ....................................
(or other officer in whose custody the person is).
WHEREAS .................................(name and description
of prisoner) was committed to your custody under warrant of
the Court, dated the ...................day of ...............20....;and
has since duly given security under section ...................
of the Code of Criminal Procedure, 2073.
or
WHEREAS...............................(name and description
of prisoner) was committed to your custody under warrant of
the Court, dated the ...............day of.......... 20....and
there have appeared to me sufficient grounds for the opinion
that he can be released without hazard to the community;
This is to authorise and require you forthwith to discharge
the said ........................ (name) from your custody
unless he is liable to be detained for some other cause.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 18
Warrant of imprisonment of failure to pay maintenance
(See section 125)
To the Officer in charge of the jail at ............................
WHEREAS................................................(name
and description and address) has been proved before me to
be possessed of sufficient means to maintain his wife ..................................(name)
[or his child .................................... (name)
or his father of mother...........................(name),
who is by reason of ..............................(state the
reasons) unable to maintain here self (or himself)] and to
have neglected (or refused) to do so, and an order has been
duly made requiring the said ............................
(name) to allow to his said wife (or child or father or mother)
for maintenance the monthly sum of rupees...................and
whereas it has been further proved that the said..........................(name)in
willful disregard of the said order has failed to pay rupees
....................., being the amount of the allowance for
the month (or months) of ................
And thereupon an order was made adjudging him to undergo imprisonment
un the said Jail for the period of ....................;
This is to authorise and require you to receive the said ..............................(name)
into your custody in the said Jail, together with this warrant,
and there carry said order into execution according to law,
returning this warrant with an endorsement certifying the
manner of its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 19
Warrant to enforce the payment of maintenance by Attachment
and Sale
(Seesection125)
To........................................... (name and designation
of the Police Officer or other person to execute the warrant).
WHEREAS an order has been duly made requiring ...................................
(name) to allow to his said wife(or child or father or mother)
for maintenance the monthly sum of rupees......................
and whereas the said ............................(name) in
wilful disregard of the said order has failed to pay rupees
..................., being the amount of the allowance for
the month (or months) of .................
This is to authorise and require you to attach any movable
property belonging to the said...........................(name)
which may be found within the district of...................
and of within.........................(state the number of
days or hours allowed)next after such attachment the said
sum shall not be paid (or forthwith), to sell the movable
property attached, or so much thereof what you have done under
it, immediately upon its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 20
Order for the removal of nuisances
(See section 133)
To................................................................
(name, description and address)
WHEREAS it has been made to appear to me that you have caused
an obstruction (or nuisance)to person using the public roadway
(or other public place) Which, etc.........................(describe
the road or public)by, etc. .................., (state what
it is that cause the obstruction or nuisance), and that such
obstruction (or nuisance) still exits;
or
WHEREAS it has been made to appear to me that you are carrying
on, as owner, or manager, the trade or occupation of ...............................
(state the particular trade or occupation and the place where
it is carried on), and that the same is injurious to the public
health (or comfort) by reason ..................................
(state briefly) in what manner the injurious effects are caused),and
should be suppressed or removed to a different place.
or
WHEREAS it has been made to appear to me that you are the
owner (or are in possession of or have the control over) a
certain and(or well or excavation) adjacent to the public
way ..................... (describe the thoroughfare), and
that the safety of the public is endangered by reason of the
said tank (or well or excavation) being without a fence (or
insecurely fenced);
or
WHEREAS, etc., etc., (as the case may be);
I do hereby direct and require you within .................(state
the time allowed)................................(state what
is required to be done to abate the nuisance)or to appear
at ...................... in Court of.............. on the
.....................day of .............. next, and to show
cause why this order should not be enforced;
or
I do hereby direct and require you within .....................(state
the time allowed)to cease carrying on the said trade or occupation
at the said place, and not again to carry on the same, or
to remove the said trade from the place where it is now carried
on, or to appear, etc.;
or
I do hereby direct and require you within .......................(state
the time allowed) to put up a sufficient fence .....................(state
the kind of fence and the part to be fenced); or to appear,
etc.;
I do hereby direct and require you, etc., etc., (as the case
may be).
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 21
Magistrate's Notice and Preemptory Order
(See section 141)
To........................................................(name,
description and address)
I HEREBY give you notice that it has been found that the order
issued on the ......................... day of.......................
requiring you............................... (state substantially
the requisition in the order) is reasonable and proper. Such
order has been made absolute, and I hereby direct and require
you to obey the said order within ............................(state
the time allowed),on peril of the penalty provided by the
Indian Penal Code for disobedience thereto.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 22
Injunction to provide against imminent danger pending inquiry
(See section 142)
To...........................................(name, description
and address)
WHEREAS the inquiry into the conditional order issued by me
on the ................day of .................. 20....,is
pending, and it has been made to appear to me that the nuisance
mentioned in the said order is attended with such imminent
danger or injury of a serious kind to the public as to render
necessary immediate measures to prevent such danger or injury,
I do hereby, under the provisions of section 142 of the Code
of Criminal Procedure, 2073, direct and enjoy you forthwith
to .................................(state plainly what is
required to be dine as a temporary safeguard), pending the
result of the inquiry.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 23
Magistrate's Order prohibiting the repetition, etc., of a
nuisance
(See section 143)
To........................................................(name,
description and address)
WHEREAS it has been made to appear to me that, etc.,........................
(state the proper recital, guided by Form No. 20 or Form No.
24, as the case may be);
I do hereby strictly order and enjoin you not to repeat or
continue, the said nuisance.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 24
Magistrate's Order to prevent obstruction, Riot, etc.
(See section 144)
To........................................................(name,
description and address)
WHEREAS it has been made to appear to me that you are in possession
(or have the management) of ............................ (describe
clearly the property), and that, in digging a drain on the
said land, you are about to throw or place a portion of the
earth and stone dug-up upon the adjoining public road, so
as to occasion risk of obstruction to persons using the road.
or
WHEREAS it has been made to appear to me that you and a number
of other persons...................................(mention
the class of persons) are about to meet and proceed in a procession
along the public street, etc., (as the case may be)and that
such procession is likely to lead to a riot or an affray;
or
WHEREAS, etc., etc., (as the case may be);
I do hereby order you not to place or permit to be placed
any of the earth or stones dug from 1 and on any part of the
said road;
or
I do hereby prohibit the passing along the said street, and
strictly warn and enjoin you not to take any part in such
procession (or as the case recited may require)
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 25
Magistrate's Order declaring party entitled to retain possession
of Land, etc., in dispute
(See section 145)
It appear to me, on the grounds duly recorded, that a dispute,
likely to induce a breach of the peace, existed between ........................................................
(describe the parties by name and residence, or residence
only if the dispute be between bodies of villagers)certain
................................... (state concisely the subject
of dispute), situate within my local jurisdiction, all the
said parties were called upon to give in a written statement
of their respective claims as to the fact of actual possession
of the said ...................................(the subject
of dispute), and being satisfied by due inquiry had thereupon,
without reference to the merits of the claim of either of
the said parties to the legal right of possession, that the
claim of actual possession by the said ..........................
(name or names or description)is true, I so decide and declare
that he is (or they are)in possession of the said.............................
(the subject of dispute)and entitled to retain such possession
until ousted by due course of law, and do strictly forbid
any disturbance of his (or their)possession in the meantime.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 26
Warrant of attachment in the case of a dispute as to the possession
of Land, etc.
(See section 146)
To the Officer in charge of the Police Station at ....................
(or, To the Collector of .....................)
WHEREAS it has been made to appear to me that a dispute likely
to induce a breach of the peace existed between ..................................(describe
the parties concerned by name and residence, or residence
only of the dispute be between bodies of villagers)concerning
certain .......................(state concisely the subject
of dispute) situate within the limits of my jurisdiction,
and the said parties were thereupon duly called upon to state
in writing their respective claims as to the fact of actual
possession of the said........................... (the subject
of dispute),and whereas, upon due inquiry into the said claims,
I have decided that neither of the said parties was in possession
of the said ................................. (the subject
of dispute) (or I am unable to satisfy myself as to which
of the said parties was in possession as aforesaid);
This is to authorised and require you to attach the said ..............................
(the subject of dispute)by taking and keeping possession thereof,
and to hold the some under attachment until the decree or
order of a competent Court determining the rights of the parties,
or the claim to possession, shall have been obtains, and to
return this warrant with an endorsement certifying the manner
of its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 27
Magistrate's Order prohibiting the doing of anything on Land
or Water
(See section 147)
A DISPUTE having arisen concerning the right of use of ...............................
(state concisely the subject of dispute) situate within my
local jurisdiction, the possession of which land (or water)
is claimed exclusively by ................................
(describe the person or persons), and it appears to me, on
due inquiry into the same, that the said land (or water) has
been open to the enjoyment of such use by the public (or if
by individual or a class of persons, describe him or them)
and (if the use can be enjoyed throughout the year) that the
said use has been enjoyed within three months of the institution
of the said inquiry (or if the use is enjoyable only at a
particular season say, "during the last of the seasons
at which the same is capable of being enjoyed");
I do order that the said ............................. (the
claimant or claimant of possession)or any one in their interest,
shall not take (or retain) possession of the said land (or
water) to the exclusion of the enjoyment of the right of use
aforesaid, until he (or they) shall obtain the decree or order
of a competent Court adjudging him (or them) to be entitled
to exclusive possession.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 28
Bond and Bail-Bond on a preliminary inquiry before a Police
Officer
(See section 169)
I,...........................................(name),of ........................,
being charged with the offence of..................................and
after inquiry required to appear before the Magistrate of..........................
or
and after inquiry called upon to enter into my own recognizance
to appear when required, do hereby bind myself to appear at.........................
in the Court of........................, on the.....................day
of ....................... next (or on such day as I may hereafter
be required to attend) to answer further to the said charge,
and in case of my making default therein, I bind myself to
forfeit to Government, the sum of rupees.....................
Dated, this...........................day of......................,20......
(Seal of the Court)
(Signature)
I hereby declare myself (or we jointly and severally declare
ourselves and each of us) surety(or sureties) for the above
said ........................(name) that he shall attend at........................in
the Court of ..........................., on the.....................day
of .................. next (or on such day as he may hereafter
be required to attend), further to answer to the charge pending
against him, and, in case of his making default therein, I
hereby bind myself (or we hereby bind ourselves) to forfeit
to Government, the sum of rupees.....................
Dated, this........................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 29
Bond to prosecute or give Evidence
(See section170)
I,..........................................(name), of ...............................,
(place) do hereby bind myself to attend at ......................
in the Court of ................... at................o'clock
on the....................day of.....................next
and then and there to prosecute (or to prosecute and give
evidence)(or to give evidence) in the matter of a charge of
............. against one A.B. and, in case of making default
herein. I bind myself to forfeit to Government the sum of
rupees ......................
Dated, this........................day of ...................,20.....
(Seal of the Court)
(Signature)
FORM NO. 30
Special summons to a person accused of a Petty Offence
(See section 206)
To.....................................................(Name
of the accused)
of.........................................................................(address)
WHEREAS your attendance is necessary to answer a charge of
a petty offence .................................. (state
shortly the offence charged), you are hereby required to appear
in person (or by pleader) before .........................
(Magistrate) of.....................on the .......................
day of.......................20....., or if you desire to
plead guilty to the charge without appearing before the Magistrate,
to transmit before the aforesaid date the plea of guilty in
writing and the sum of ................ rupees as fine, or
if you desire to appear by pleader and to plead guilty through
such pleader, to authorize such pleader. Herein fail not.
Dated, this............................day of ......................,20......
(Seal of the Court)
(Signature)
(Note.-The amount of fine specified in this summons shall
not exceed one hundred rupees.)
FORM NO. 31
Notice of commitment by Magistrate to Public Prosecutor
(See section 209)
The Magistrate of ................................. hereby
gives notice that he has committed one.................................
for trial at the next Sessions; and the Magistrate hereby
instructs the Public Prosecutor to conduct the prosecution
of the said case.
The charge against the accused is that, ...........................
etc. (state the offence as in the charge).
Dated, this ............................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 32
Charges
(See section 211,212 and 213)
I. CHARGES WITH ONE-HEAD
(1)(a) I, ....................................................
(name and office of Magistrate, etc.), hereby charge you......................................
(name of accused person)as follows:-
(b) On section 121.--That you, on or about the...................
day of.........., at ............................... waged
war against the Government of India and thereby committed
an offence punishable under section 121 of the Indian Penal
Code, and within the cognizance of this Court.
(c)And I hereby direct that you be tried by this Court on
the said charge.
(Signature and Seal of the Magistrate)
[To be substituted for(b)]--
(2) On section 124.--That you, on or about the..................
day of ................, at.................................,
with the intention of inducing the President of India [or,
as the case may be, the Governor of ..........................(name
of State) to refrain from exercising a lawful power as such
President (or, as the case may be, the Governor), assaulted
President (or, as the case may be, Governor), and thereby
committed an offence punishable under section 124 of the Indian
Penal Code, and within the cognizance of this Court.
(3) On section 161.--That you being a public servant in the..................................Department,
directly accepted from .......................... (state the
name)for another party...................... (state the name)gratification
other than legal remuneration, as a motive for forbearing
to do an official act, and thereby committed an offence punishable
under section161 of the Indian Penal Code, and within the
cognizance of this Court.
(4) On section 166.--That you, on or about the ................day
of ................, at........................ did (or omitted
to do, as the case may be), such conduct being contrary to
the provisions of....................Act .............., section
............., and known by you to be prejudicial to....................,
and thereby committed an offence punishable under section
166 of the Indian Penal Code, and within the cognizance of
this Court.
(5) On section 193.--That you, on or about the........................day
of ................, at.................. in the course of
the trail of ............. Before ............., started in
evidence that".........................."which statement
you either knew or believed to be false, or did not believe
to be true, and thereby committed an offence punishable under
section 203 of the Indian Penal Code, and within the cognizance
of this Court.
(6) On section 304.--That you, on or about the................day
of ..................,at ..................... , committed
culpable homicide not amounting to murder, causing the death
of ........................, and thereby committed an offence
punishable under section 304 of the Indian Penal Code, and
within the cognizance of this Court.
(7) On section 306.--That you, on or about the....................day
of ..............,at ....................,abetted the commission
of suicide by A.B., a person in a state of intoxication, and
thereby committed an offence punishable under section 306
of the Indian Penal Code, and within the cognizance of this
Court.
(8) On section 325.--That you, on or about the....................
day of ................,at ...................,voluntarily
caused grievous hurt to .................... and thereby committed
and offence punishable under section 325 of the Indian Penal
Code, and within the cognizance of this Court.
(9) On section 392.--That you, on or about the.................day
of ...............,at ...................., robbed (state
the name),and thereby committed an offence punishable under
section 392 of the Indian Penal Code, and within the cognizance
of this Court.
(10) On section 395.--That you, on or about the................day
of...............,at ...................,committed dacoity,
an offence punishable under section 395 of the Indian Penal
Code, and within the cognizance of this Court.
II. CHARGES WITH TWO OR MORE HEADS
(1)(a) I, .............................(name and office of
Magistrate, etc.),hereby charge you....................................
(name of accused person) as follows:-
(b) On section 241 First--That you, on or about the...............day
of .........., at.................... knowing a count to be
counterfeit, delivered the same to another person, by name,
A.B. as genuine, and thereby committed an offence punishable
under section 241 of the Indian Penal Code, and within the
cognizance of the Court of Session.
Secondly--That you, on or about the ............... day of
............., at ............... knowing a coin to be counterfeit
attempted to induce another person, by name, A.B. to receive
it as genuine, and thereby committed an offence punishable
under section 241 of the Indian Penal Code, and within the
cognizance of the Court of Session.
(c) And I hereby direct that you be tried by this Court on
the said charge.
(Signature and Seal of the Magistrate)
[To be substituted for(b)]:--
(2) On section 302 and 304 First.--That you, on or about the..................day
of ................, at ....................committed murder
by causing the death of .............and thereby committed
an offence punishable under section 302 of the Indian Penal
Code, and within the cognizance of the Court of Session.
Secondly--That you, on or about the .................. day
of ............., at ..............., by causing the death
of...................committed culpable homicide not amounting
to murder, and thereby committed an offence punishable under
section 304 of the Indian Penal Code, and within the cognizance
of the Court of session.
(3) On section 379 and382 First--That you, on or about the...............day
of .............., at...................,committed theft,
and thereby committed an offence punishable under section
379 of the Indian Penal Code, and within the cognizance of
the Court of session.
Secondly--That you, on or about the ........................
day of .........................., at ..........................,
committed theft, having made preparation for causing death
to a person in order to committing of such theft, and there
by committed an offence punishable under section 382 of the
Indian Penal Code, and within the cognizance of the Court
of Session.
Thirdly--That you, on or about the .......................
day of .........., at ...............,committed theft, having
made preparation for causing restraint to a person in order
to the effecting of your escape after the committing of such
theft, and thereby committed an offence punishable under section
382 of the Indian Penal Code, and within the cognizance of
the Court of Session.
Fourthly--That you, on or about the .................. day
of ................, at................., committed theft,
having made preparation for causing fear of hurt to a person
in order to the retaining of property taken by such theft
and thereby committed an offence punishable under section382
of the Indian Penal Code, and within the cognizance of the
Court of Session.
(4) Alternative charge on section 193.--That you, on or about
the................. day of.............., at...................,
in the course of the inquiry into ..................., before
..........................., stated in evidence that"...................."
and that you, on or about the.................day of....................at
........................,in the course of the trail of.........................,before
.........................,stated in the evidence that "...................."
One of which statements you either knew or believed to be
false, or did not believe to be true, and thereby committed
an offence punishable under section 203 of the Indian Penal
Code, and within the cognizance of the Court of Session.
(In cases tried by Magistrates substitute "within my
cognizance", for "within the cognizance of the Court
of Session").
III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION
I,...........................................................
(name and office of Magistrate, etc.), hereby charge you........................................
(name of accused person)as follows:-
That you, on or about the ...................day of ...............,
at ..............., committed theft, and thereby committed
an offence punishable under section 379 of Indian Penal Code,
and within the cognizance of the Court of Session (or Magistrate,
as the case may be.)
And you, the said .................................. (name
of accused), stand further charged that you, before the committing
of the said offence, that is to say, on the ...................day
of.................., had been convicted by the ......................(state
Court by which conviction was had)at........................
of an offence punishable under Chapter XVII of the Indian
Penal Code with imprisonment or a them of three years, that
is to say, the offence of house-breaking by night ...........................
(describe the offence in the words used in the section under
which the accused was convicted), which conviction is still
in full force and effect, and that you are thereby liable
to enhanced punishment under section 75 of the Indian Penal
Code.
And I hereby direct that you be tried, etc.
FORM NO. 33
Summons to witness
(See section 61 and 244)
To .............................. of .........................
WHEREAS complaint has been made before me that .................................
(name of the accused) of............................(address)
has (or is suspected to have) committees the offence of .......................)state
the offence concisely with time and place), and it appears
to me that you are likely to give material evidence or to
produce any document or other thing for the prosecution;
You are hereby summoned to appear before this Court on the
.....................day of..................... next at ten
o’clock in the forenoon, to produce such document or
thing or to testify what you know concerning the matter of
the said complaint, and not to depart thence without leave
of the Court; and you are hereby warned that, if you shall
without just excuse neglect or refuse to appear on the said
date, a warrant will be issued to compel your attendance.
Dated, this ............................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 34
Warrant of commitment on a sentence of imprisonment or fine
if passed by a3 [Court]
4 (See section 235,248 and 255)
To the Officer in charge of the Jail at ................................
WHEREAS on the .......................day of ..................,..................(name
of prisoner),the (1st, 2nd,3rd, as the case may be)prisoner
in case No......................... of the Calendar for 20
............, was convicted before me..........................(name
and official designation)of the offence of ........................(mention
the offence or offences concisely)under section .......................(or
sections)of the Indian Penal Code (or of........................Act.......),
and was sentenced to ....................(state the punishment
fully and distinctly);
This is to authorise and require you to receive the said ........................
(prisoner's name)into your custody in the said Jail, together
with this warrant, and thereby carry the aforesaid sentence
into execution according to law.
Dated, this....................day of ................,20.....
(Seal of the Court)
(Signature)
FORM NO. 35
Warrant of imprisonment on failure to pay compensation
(See section 250)
To the Officer in charge of the Jail at ....................................
WHEREAS ..............................................(name
and description) has brought against..................................................
(name and description of the accused person) the complaint
that ...............................(mention it concisely)and
the same has been dismissed on the ground that there was no
reasonable ground for making the accusation against the said
............................. (name)and the order of dismissal
awards payment by the said ..................................(name
of complainant)of the sum of rupees......................
as compensation; and whereas the said sum gas not been paid
and an order has been made for his simple imprisonment in
Jail for the period of.................. days, unless the
aforesaid sum be sooner paid.
This is to authorise and require you to receive the said ...........................(name)
into your custody, together this warrant, and him safely to
keep in the said Jail for the said period of.......................(term
of imprisonment), subject to the provisions of section 69
of the Indian Penal Code, unless the said sum be sooner paid,
and on the receipt there of, forthwith to set him at liberty,
returning this warrant with an endorsement certifying the
manner of its execution.
Dated, this .....................day of .............,20.....
(Seal of the Court)
(Signature)
FORM NO. 36
Order requiring production in Court of Person in Prison for
answering to charge of offence
(See section 267)
To the Officer in charge of the Jail at .............................
WHEREAS the attendance of ...................................................
(name of prisoner) at present confined/detained in the above-mentioned
prison, is required in this Court to answer to a charge of
...............................(state shortly the offence
charged)or for the purpose of a proceeding (state shortly
the particulars of the proceeding);
You are hereby required to produce the said ................................
under safe and sure conduct before this Court ............
on the ..................... day of............., 20.....,
by ..........A.M. there to answer to the said charge, or for
the purpose of the said proceeding, and after this Court has
dispensed with his further attendance, cause him to be conveyed
under safe and sure conduct back to the said prison.
And you are further required to inform the said ...........................
of the contents of this order and deliver to him the attached
copy thereof.
Dated, this ....................day of ..............,20......
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
FORM NO. 37
Order requiring production in Court of Person in Prison for
giving evidence
(See section 267)
To the Officer in charge of the Jail at .........................
WHEREAS complaint has been made before this Court that ....................................
(name of the accused) of...................................
has committed to offence of ........................ (state
offence concisely with time and place)and it appears that.......................................(name
of prisoner)at present confined/ detained in the above-mentioned
prison, is likely to give material evidence for the prosecution/
defence;
You are hereby required to produce the said ............................
under safe and sure conduct before this Court at ........................
on the..............day of ..........., 20..... by .........A.M.
there to give evidence in the matter now pending before this
Court, and after this Court has dispensed with his further
attendance, cause him to be conveyed under safe and sure conduct
back to the said prison.
And you are further required to inform the said ...........................
of the contents of this order and deliver to him the attached
copy thereof.
Dated, this ............................ day of ..........
20....
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
FORM NO. 38
Warrant of commitment in certain cases of contempt when a
fine is imposed
(See section 345)
To the Officer in charge of the Jail at ...............................
WHEREAS at a Court held before me on this day .........................................
(name and description of the offender) in the presence (or
view)of the Court committed willful contempt;
And whereas for such contempt the said ...............................
(name of the offender) has been adjudged by the Court to pay
a fine of rupees .................., or in default to suffer
simple imprisonment for the period of .........................(state
the number of months or days);
This is to authorise and require you to receive the said .................................(name
of offender) into your custody, together with this warrant,
and him safely to keep in the said Jail for the said period
of ......................(term of imprisonment),unless the
said fine be sooner paid; and, on the receipt thereof, forthwith
to set him at liberty, returning this warrant with an endorsement
certifying the manner of its execution.
Dated, this ......................day of .................,20....
(Seal of the Court)
(Signature)
FORM NO. 39
Magistrate's or Judge's Warrant of Commitment of Witness refusing
to answer or to produce Document
(See section 349)
To ................................................. (name
and designation of officer of Court).
WHEREAS .....................................(name and description),
being summoned (or brought before this Court) as a witness
and this day required to give evidence on an inquiry into
an alleged offence, refused to answer a certain question (or
certain questions) put to him touching the said alleged offence,
and duly recorded, or having been called upon to produce any
document has refused to produce such document, without alleging
any just excuse for such refusal, and for his refusal has
been ordered to be detained in custody for .......................(term
of detention adjudged);
This is to authorise and require you to take the said ...................................(name)
into custody, and him safely to keep in your custody for the
period of .................. days, unless in the meantime
he shall consent to be examined and to answer the questions
asked of him, or to produce the document called for from him,
and on the last of the said days, or forthwith on such consent
being known, to bring him before this Court to be dealt with
according to law, returning this warrant with an endorsement
certifying the manner of its execution.
Dated, this ....................day of .........,20....
(Seal of the Court)
(Signature)
FORM NO. 40
Warrant of commitment under sentence of death
(See section 366)
To the Officer in charge of the Jail at ............................
WHEREAS at the Session held before me on the ................day
of..........., 20....., (name of prisoner)the (1st,2nd,3rd,as
the case may be)prisoner in case No..................... of
the Calendar for20....... at the said Session, was duly convicted
of the offence of culpable homicide amounting to murder under
section .....................of the Indian Penal Code, and
sentenced to death. subject to the confirmation of the said
sentence by the ....................Court of .......................;
This is to authorise and require you to receive the said ..................(prisoner's
name)into your custody in the said Jail, together with this
warrant, and him there safely to keep until you shall receive
the further warrant of order of this Court, carrying into
effect the order of the said ...............Court.
Dated, this .................... day of ..........., 20.....
(Seal of the Court)
(Signature)
FORM NO. 41
Warrant after a commutation of a sentence
5 [See section 386, 413 and 416]
To the Officer in charge of the Jail at ...........................
WHEREAS at a Session held on the ...........................,
day of ...................,20....,.......................................
(name of prisoner) the (1st,2nd,3rd,as the case may be)prisoner
in case No. .................., of the Calendar for20.........,
at said Session, was convicted of the offence of .................
punishable under section................of the Indian Penal
Code, and sentenced to ....................., and was thereupon
committees to your custody; and whereas by the order of the
..............Court of .....................(a duplicate of
which is hereunto annexed) the punishment adjudged by the
said sentence has been commuted to the punishment of imprisonment
for life;
This is to authorise and require you safely to keep the said
................................. (prisoner's name) in your
custody in the said jail, as by law is required, until he
shall be delivered over by you to the proper authority and
custody for the purpose of his undergoing the punishment of
imprisonment for under the said order,
or
if the mitigated sentence is one of imprisonment, say, after
the words "custody in the said jail", and there
to carry into execution the punishment of imprisonment under
the said order according to law",
Dated, this..................day of ..................,20.......
(Seal of the Court)
(Signature)
FORM NO. 42
Warrant of execution of a sentence of death
6 [See section 413 and 414]
To the Officer in charge of the Jail at .............................
WHEREAS....................................... (name of prisoner)
the (1st,2nd,3rd,as the case may be) prisoner in case No ..................,
of the Calendar for20........., at said Session, held before
me on the .................day of ...............20....has
been by a warrant of the Court, dated the day ................of.................
committed to your custody under sentence of death; .....................and
whereas the order of the High Court at ............................confirming
the said sentence has been received by this Court;
This is to authorise and require you to carry the said sentence
into execution by causing the said...................... to
be hanged by the neck until he be dead, at........................(time
and place of execution) and to return this warrant to the
Court with an endorsement certifying that the sentence has
been executed.
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
FORM NO. 43
Warrant to levy a fine by Attachment and Sale
(See section 421)
To.........................................(name and designation
of the police officer or other person or persons who is or
are to execute the warrant).
WHEREAS ..........................................(name and
description of the offender) was on the ..................day
of ............,20....,convicted before me of the offence
of ................................(mention the offence concisely),
and sentenced to pay a fine of rupees ..................,
and whereas the said............................(name), although
required to pay the said fine, has not paid the same or any
part thereof;
This is to authorise and require you to attach any movable
property belonging to the said .................................(name)
which may be found within the district of .....................;
and, if within..............................(state the number
of days or hours allowed)next after such attachment the said
sum shall not be paid or (forthwith) to sell the movable property
attached, or so much thereof as shall be sufficient to satisfy
the said fine, returning this warrant, with an endorsement
certifying what you have done under it, immediately upon its
execution.
Dated, this...................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 44
Warrant for recovery of fine
(See section 421)
To the Collector of the district of ...........................
WHEREAS ..........................................................(name,
address and description of the offender)was on the ...............day
of...........,20.....convicted before me of the offence of
........................ (mention the offence concisely),
and sentence to pay a fine of rupees ...........; and
WHEREAS the said .......................................(name),
although required to pay the said fine, has not paid the same
or any part thereof;
You are hereby authorized and requested to realize the amount
of the said fine as arrears of land revenue from the movable
or immovable property, or both, of the said........................................(name)and
to certify without delay what you may have done in pursuance
of this order.
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
7 [FORM NO. 44A]
Bond for appearance of offender released pending realisation
of fine
[See section 424(1)(b)]
WHEREAS I.....................................(name), inhabitant
of......................(Place) have been sentenced to pay
a fine of rupees ................. and in default of payment
thereof to undergo imprisonment for ....................,
and whereas the Court has been pleased to order my release
on condition of my execution a bond for my appearance in the
following date (or dates), namely:-
I hereby bind myself to appear before the Court of .................
at .............O'clock on the following date (or dates) namely:-
and in case of making default therein, I bind myself to forfeit
to Government the sum of rupees.........................
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD-
We do hereby declare ourselves sureties for the above-named
that he will appear before the Court of ........................
on the following date(or dates) namely:-
and, in case of making default therein, we bind ourselves
jointly and severally to forfeit to Government the sum of
rupees.............
(Seal of the Court)
(Signature)
FORM NO. 45
Bond and bail-bond for attendance before officer in charge
of police station or Court
[See section 436, 436A,]437, 437A 438(3) and 441
I..........................................(name),of .........................................(Place)
having been arrested or detained without warrant by the officer
in charge of .................... police station (or having
been brought before the Court of ........................)
charged with the offence of ...................., and required
to give security for my attendance before such officer of
Court on condition that I shall attend such officer or Court
on every day on which any investigation or trial is held with
regard to such charge, and in case of making default herein,
I bind myself to forfeit to Government the sum of rupees.....................
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
I hereby declare myself (or we jointly and severally declare
ourselves and each of us) surety(or sureties) for the above
said ..............................................(name)
that he shall attend the officer in charge of .......................
police station or the Court of ........................ on
every day on which ay investigation into the charge is made
or any trial (on such charge is held that he shall be, and
appear, before such Officer or Court for the purpose of such
investigation or to answer the charge against him (as the
case may be), and, in case if his making default herein, I
hereby bind myself (or we hereby bind ourselves) to forfeit
to Government the sum of rupees...............
Dated, this..................day of ..................,20.......
(Seal of the Court)
(Signature)
FORM NO. 46
Warrant to discharge a person imprisoned on failure to give
security
(See section 442)
To the Officer in charge of the Jail at ............................
(or other officer in whose custody the person is)
WHEREAS ....................................................................(name
and description of prisoner) was committed to your custody
under warrant of this Court, dated, the .............,day
of ................. and has since with his surety (or sureties)
duly executed a bond under section 441 of the Code of Criminal
Procedure.
This is to authorise and require you forthwith to discharge
the said ..................................... (name) from
your custody, unless he is liable to be detained for some
other matter.
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
7 [FORMNO. 47
Warrant of attachment to enforce a bond
(See section 446)
To the Police officer in charge of the police station at ........................
WHEREAS ......................................................................(name,
description and address of person)has failed to appear on............................(mention
the occasion)pursuant to his recognizance, and has by default
forfeited to Government the sum of rupees ...........................
(the penalty in the bond); and whereas the said ..............................................
(name of person) has, on sue notice to him, failed to pay
the said sum or show any sufficient cause why payment should
not be enforced against him.
This is to authorise and require you to attach any movable
property of the said..........................................(name)that
you may find within the district of ........................,
by seizure and detention, and, so much of it as may be sufficient
to realize the amount aforesaid, and to make return of what
you have done under this warrant immediately upon its execution.
Dated, this..................day of ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 48
Notice to surety in breach of a bond
(See section 446)
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......................................... 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)
7 [FORM NO. 49
Notice to surety of forfeiture of bond for good behaviour
(Seesection446)
To..........................., of...................
WHEREAS on the .....................day of ...............20.....,
by 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 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)
7 [FORM No. 50
Warrant of attachment against a surety
(See section 446)
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 ...................,less
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 realize 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)
7 [FORM NO. 51
Warrant of commitment of the surety of an accused person admitted
to bail
(Seesection446)
To the Superintendent(or keeper) of the Jail at ...........................
WHEREAS ..........................................................
(name and description of surety) has bound himself as a surety
for the appearance of.............................(state the
condition of the bond) and the said.....................................................(name)
has therein made default whereby the penalty mentioned in
the said bond has been forfeited to Government; and whereas
the said ..................................(name of surety)ha,
on sue notice to hi, failed to pay the sum or show any sufficient
cause why payment should not be enforced against him, and
the same cannot be recovered by attachment and sale of his
movable property, and an order has been made for his imprisonment
in the Civil Jail for(specify the period);
This is to authorise and require you, the said Superintendent
(or Keeper) to receive the said........................................................(name)
into your custody with this warrant and to keep him safely
in the said certifying the manner of its execution.
Dated, this ..................day of ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 52
Notice to the principal of forfeiture of bond to keep the
peace
(Seesection446)
To..................................................................(name,
description and address)
WHEREAS on the ..................day of .........,20.....,
you entered into a bond not to commit, etc. (as in the bond),
and proof of the forfeiture of the same has been given before
me and duly recorded;
You are hereby called upon to pay the said penalty of rupees............
or to show cause before me within.............. days why payment
of the same should not be enforced against you.
Dated, this ..................day of ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM No. 53
Warrant to attach the property of the principal on breach
of a bond to keep the peace
(See section 446)
To.............................................................................(name
and designation of the police officer) at the police station
of .........................
WHEREAS .....................................................(name
and description) did, on the .................. day of..............,20.....
enter into a bond for the sum of rupees ................................
binding himself not to commit a breach of the peace, etc.
(as in the bond),and proof of the forfeiture of the said bond
has been given before me and duly recorded; and whereas notice
has been given to the said ..............................................(name)
calling upon him to show cause why the said sum should not
be paid, and he has failed to do so or to pay the said sum;
This is to authorise and require you to attach by seizure
movable property belonging to the said...................................(name)
to the value of rupees..................., which you may find
within the district of ..................,and, if the said
sum be not paid within ............ to sell the property so
attached, or so much of it as may be sufficient to realize
the same; and to make return of what you have done under this
warrant immediately upon its execution.
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
7 [FORM NO. 54
Warrant of imprisonment on breach of a bond to keep the peace
(See section 446)
To the Superintendent (or Keeper) of the civil jail at .......................
WHEREAS proof has been given before me and duly recorded that
.......................................................................
(name and description).has committed a breach of the bond
entered into by him to keep the peace, whereby he has forfeited
to Government the sum of rupees ........................ and
whereas the said..................................................(name)
has failed to pay the said sum or to show cause why the said
sum should not be paid, although duly called upon to do so,
and payment thereof cannot be enforced by attachment of his
movable property, and an order has been made for the imprisonment
of the said .............................................................(name)
in the civil Jail for the period of .................................(term
of imprisonment);
This is to authorise and require you, the said Superintendent
(or Keeper) of the said Civil Jail to receive the said ...........................................(name)
into your custody, together with this warrant, and to keep
him safely in the said jail for the said period of...........................
(term of imprisonment)and to return this warrant with an endorsement
certifying the manner of its execution.
Dated, this..................day of ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 55
Warrant of attachment and sale on forfeiture of bond for good
behaviour
(See section 446)
To the Police Officer in charge of the police station at .........................
WHEREAS ........................................................(name,
description and address) did, on the ............... day of............20....
give security by bond in the sum of rupees .................
for the good behaviour of..........................................(name
etc., of the principal), and proof has been given before me
and duly recorded of the commission by the said ...............................
(name) of the offence of ..............whereby the said bond
has been forfeited; and whereas notice has been given to the
said .................................. (name) calling upon
him to show cause why the aid sum should not be paid, and
he has failed to do so or to pay the said sum;
This is to authorise and requiring you to attach by seizure
movable property belonging to the said................................(name)
to the value of rupees .......... which you may find within
the district of ................., and if the said sum be
not paid within ........., to sell the property so attached,
or so much of it as may be sufficient to realise the same,
and to make return of what you have done under this warrant
immediately upon its execution.
Dated, this..................day of ..................,20........
(Seal of the Court)
(Signature)
7 [FORM NO. 56
Warrant of imprisonment on forfeiture of bond for good behaviour
(Seesection446)
To the Superintendent (or Keeper) of the civil jail at .................
WHEREAS ....................................................................(name,
description and address) did, on the.................. day
of.........,20....., give security by bond in the sum of rupees
................. for the good behaviour of...............................................(name,
etc., of the principal) and proof of the breach of the said
bond has been given before me and duly recorded, whereby the
said........................................(name) has forfeited
to Government the sum of rupees ................., and whereas
he has foiled to pay the said sum or to show cause why the
said sum should not be paid although duly called upon to do
so, and payment thereof cannot be enforced by attachment of
has movable property and an order had been made for the imprisonment
of the said ..............................................
(name) in the civil jail for the period of ..................(term
of imprisonment)
This is to authorise and require you, the Superintendent (or
Keeper) to receive the said...........................................(name)
into your custody, together with this warrant, and to keep
him safely in the said Jail for the period of ................................(term
of imprisonment), returning this warrant with an endorsement
certifying the manner of its execution.
Dated, this..................day of ..................,20.....
(Seal of the Court)
(Signature)
1.Strike out the one which is not applicable, depending on
the nature of the property to be attached.
2.Strike out which is not desired.
3.Substituted by Act 45 of 1978, section 35, for "Magistrate"
(w.e.f.18-12-1978).
4.Substituted Act 45 of 1978, section 35, for "(See section
248 and255)" (w.e.f. 18-12-1978).
5.Substituted by Act 45 1978, section 35, for "(See section
386)" (w.e.f.18-12-1978).
6.Substituted by Act 45 of 1978, section 35, for "(See
section 414)" (w.e.f.18-12-1978).
7.Inserted by Act 45 of 1978, section 35 (w.e.f. 18-12-1978).
8.Inserted by Code of Criminal Procedure (Amendment) Act,
2005.
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