(a)must record the basis of such proof;
Section history
Section 107 — Procedure for forfeiture of bond without sureties
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 107 — Original text to 31 October 2018superseded
(1)If it is proved to a court’s satisfaction that a bond taken under this Code has been forfeited, the court —
(b)may summon before it the person bound by the bond; and
(c)may call on him to pay the amount of the bond or to explain why he should not pay it.
Subsection (2) — Original text to 1 January 2013superseded
(2)If his explanation is inadequate and the amount of the bond is not paid, the court may recover the amount by issuing an order for the attachment and sale of his property.
Subsection (2) — From 1 January 2013 (current)restructured by Misuse of Drugs (Amendment) Act 2012, Criminal Procedure Code (Amendment) Act 2012
(2)If his explanation is inadequate and the amount of the bond is not paid, the court may recover the amount by issuing an order for the attachment of any property, movable or immovable, belonging to him —
(a)by seizure of such property which may be sold and the proceeds applied towards the payment of the amount of the bond; or
(b)by appointing a receiver who shall be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the amount of the bond.
(2A)Any person may, not later than 7 days after the date of the seizure of any property under subsection (2)(a) or the taking of possession of any property by the receiver under subsection (2)(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 (2) and the court shall make such order as it sees fit.
(3)If immovable property attached under subsection (2) 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.
(4)If the amount of the bond is not paid or cannot be recovered by such attachment and sale, the court may commit to prison the person bound by the bond for a term not exceeding 12 months.
(5)Any unsatisfied amount of the bond shall constitute a judgment debt in favour of the Government and nothing in this section shall prevent the Government from recovering it as such.
(6)The court may reduce the amount of the bond and enforce part-payment only.
Section 107 — 31 October 2018 to 21 June 2019rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(1)This section provides for the forfeiture of a personal bond without sureties.
(2)If it is proved to a court’s satisfaction that the released person bound by the bond has failed, without reasonable excuse, 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 court —
(a)must record the basis of such proof;
(b)must forfeit the bond;
(c)may summon before the court the released person;
(d)may call upon the released person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the released person should not pay that sum; and
(e)may order that the sum mentioned in paragraph (d) be paid by instalments.
(3)If the explanation is inadequate, and the sum mentioned in subsection (2)(d) 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 released person —
(a)by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or
(b)by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.
(4)Any person may, not later than 7 days after the date any property is seized under subsection (3)(a) or taken possession of by the receiver under subsection (3)(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 (3), and the court may make such order as it sees fit.
(5)If immovable property attached under subsection (3) 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.
(6)If the sum mentioned in subsection (2)(d) is not paid in full and cannot be fully recovered by such attachment and sale, the court may commit to prison the released person for a term not exceeding 12 months.
(7)Any unsatisfied part of the sum mentioned in subsection (2)(d) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.
(8)The court may, on the application of the released person at any time after the released person is called upon to pay the sum mentioned in subsection (2)(d), reduce that sum and enforce part-payment only.
Section 107 — From 21 June 2019 (current)rewritten by Criminal Procedure Code (Amendment) Act 2019
(1)This section provides for the forfeiture of the following bonds:
(a)a personal bond without sureties;
(b)a bond without sureties to keep the peace;
(c)a bond without sureties for good behaviour.
(2)If it is proved to a court’s satisfaction that —
(a)the released person bound by a bond mentioned in subsection (1)(a) 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;
(b)the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or
(c)the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,
the court —
(d)must record the basis of such proof;
(e)must forfeit the bond;
(f)may summon before the court that relevant person;
(g)may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and
(h)may order that the sum mentioned in paragraph (g) be paid by instalments.
(3)If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) 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 relevant person.
(4)The attachment of any property under subsection (3) may be carried out —
(a)by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or
(b)by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.
(5)If immovable property attached under subsection (3) 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.
(6)If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.
(7)Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b),2021(4)(b)2021 as2021(as2021 the case may be,2021be),2021 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 (3), and the court may make such order as it sees fit.
(8)Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.
(9)The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part-payment only.
(10)In this section, “relevant person” means —
(a)the released person bound by a bond mentioned in subsection (1)(a);
(b)the person bound by a bond mentioned in subsection (1)(b); or
(c)the person bound by a bond mentioned in subsection (1)(c).