What is the difference between bond and Bail? Bonds and bails are legal. These legal mechanisms are used in criminal justice systems. A bond is a sort of bail bond business post to ensure the defendant’s release.
What Is The Difference Between Bond And Bail?
By law, it is the security offered by a person requesting Bail and release from imprisonment, whereas bail is governed by the Code of Criminal Procedure, 1973, in India. Indian law stipulates two types of bonds: surety bonds and personal bonds. Bond requires a certain amount from the court if the principal fails to appear for their trials. Let us understand the types of bonds.
The CrPC is a comprehensive statute that oversees the methods and processes of criminal proceedings in India, including provisions for Bail. Bail is produced at the court’s discretion, depending on considerations such as the gravity of the conduct, the possibility of the prisoner fleeing, and the defendant’s criminal history. Upto here you have understood the difference between bond and Bail Let us now see the two types of bonds.
Two Types Of Bonds In Legal Mechanisms
There are two types of bonds in legal mechanisms:
Personal Bond-
A promise given by an arrested person is known as a personal bond. In short, the defendant leaves his way and simply says that he will show up on the future code date if and when it occurs.
Surety Bond-
A surety bond guarantees that obligations are fulfilled or financial compensation will be provided if the commitments are unmet. In case they’re not available, then they can provide compensation.
3 Types Of Bail In Legal Mechanisms
There are 3 types of Bail in legal mechanisms:
Regular Bail-
When a person commits a perceived non-bailable offense, the police can take him under custody, and after the custody period expires, he must be sent to jail. Sections 437 and 439 of the Cr. P.C. gives the convicted the right to be released from such custody. Regular Bail can be released from custody to ensure presence at a trial or hearing.
Interim Bail-
This bail is temporary, which means it is granted for a short period. It can be extended and always conditional. Suppose it expires before the accused has been granted a regular or anticipatory bail. If he fails to pay the amount required to continue the Bail, he loses the right to freedom and will be taken under custody.
Anticipatory Bail-
It is a self-defining bail. This Bail is given to someone in anticipation of being arrested for a non-bailable offense by the police. This Bail is also specified under section 438 of the act.
Up to here, you have read about the difference between bond and Bail Let us now see how they work.
How Do A Bond And Bail Work?
A person who commits a crime is typically given a bail hearing before a judge provides it. The amount of Bail is the judge’s decision; one can decide. A judge may deny Bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears to be a flight risk. When the amount of Bail is decided, the defendant’s choices are to arrange for a bail bond, be concerned with advocating and paying the bail amount in full until the case is resolved, and stay in jail until charges are determined at trial.
Conclusion
What is the difference between bond and BailBond and Bail are the two options given to the defendant. The fees paid for the service provided are not refundable at the time of bond, but in Bail, the fees are returned to the defendant after the trial when all court processes are completed. If the accused admits to the crime and is sentenced to jail, he must be present.
FAQ
Can regular Bail be rejected?
Yes, regular Bail can be rejected; regular Bail is Bail, which can be filed under sections 437 and 439. Regular Bail can be filed with the higher court again.
When is a bond required?
A bond is required to complete the bail process if the court sets the amount of Bail and the accused cannot pay it on their own.
How much does regular bail cost?
There is no fixed cost for a regular bail.
It varies on the following grounds: There is a risk of the accused leaving the victim. It depends on the nature or severity of the object.
The action area can also be seen as the mens rea of the criminal.
Can bonds get canceled?
The principal or surety cannot cancel court bonds.
What is the rule about Bail?
By section 436 of CrPC, If the offense alleged is bailable, the Accused is entitled to Bail as a matter of right, maybe before the Police station itself, or if forwarded to the Magistrates Court, before the Magistrates court. In bailable offenses, Bail is a right and not a favor.
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Sources:
https://www.investopedia.com/terms/b/bail-bond.asp
https://www.legalserviceindia.com/legal/article-5231-bail-bond.html
https://kretzerfirm.com/bail-vs-bonds/
We have covered all the below topics in the above article
Bond vs. bail
Bail definition
Bond definition
Legal terms
