A surety is a person who makes himself responsible for the appearance of the person released on bail by the court. He promises to pay a sum of money to the court if the person does not appear as agreed. The surety is required to guarantee the appearance of the accused in the court to answer the charges made against him.
RESPONSIBILITIES OF A SURETY
A surety is not only a person who guarantees the appearance of the accused. He has certain responsibilities to fulfill:-
- He has to make sure the accused goes to court when required.
- He has to make sure the accused person follows the bail conditions.
- He has to call the police if the person does not follow any of the bail conditions.
CONDITIONS TO BE A SURETY
There are certain conditions to be fulfilled before any person will be allowed to act as a surety:-
- He must be over the age of 18.
- He must be able to attend court to sign the bail.
- He must be an Indian citizen.
- He must not be involved in the offence the person has been charged with.
- He must not have any outstanding criminal charges.
- He must be able to monitor the accused and ensure they are complying with conditions of release.
- He must be willing to report a breach if one occurs.
- He must have some financial asset to pledge to the court as security.
WHO CAN NOT BE SURETY
Any person can be a surety who fulfills the prescribed conditions. A court cannot reject a person as a surety simply because of his moral character or political opinions. However, a surety may be rejected if it is clear that he could not pay the amount of money specified if the bail-bond was breached.
The following persons may not be accepted as surety:-
- your solicitor
- those under 18 years of age
- those in custody
- those with previous convictions
- those recently declared bankrupt by Order of the Court
RIGHTS OF A SURETY
If any time one does not want to continue being a surety, he can apply in writing to be removed as surety. He has to go to the courthouse to make his application regarding the same. When the person is removed as a surety, a surety warrant will be issued for the accused person. The accused person will be arrested and put back into custody. The surety can also bring the accused person with him when he goes to court and ask to be removed as surety. If the person later changes his mind, he can ask to be a surety again.
You may consult Top Criminal Lawyers, Attorneys & Legal Advisors in Chandigarh Panchkula Mohali for this matter.
This post is written by Dipti Prakash of Punjab University (2020 batch). For more info on subject please dial 99888-17966.