Section 441(4) of the Criminal Procedure Code specifically provides that: “For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.”
Therefore, every surety is required to be fit and sufficient and an affidavit may be required for this purpose. The court may even conduct an inquiry as to the sufficiency or fitness of the surety. Accordingly, any false claim made by the surety or any false or forged document submitted by the surety is a serious matter.
Further, Section 443 of the Cr.P.C. lays down that: “If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards, become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.”
Therefore, if the surety is fake or if he submits any forged documents for standing as surety, the Court may get the accused person arrested and send him to jail.
Deliberate and intentional submission of a fake surety or submission of a forged document for the purposes of surety may lead to cancellation of bail and also to registration of an offence of perjury (of submitting false affidavit, etc.) against the accused and surety, whosoever is responsible.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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