Difference Between Bail and Bond

Overview for Bail and bond 

Difference between bail and bond explains the dissimilarities of the two concepts based on consideration, fees, nature of money and deal etc. Therefore, it becomes important to know about the terminologies before which are discussed in brief. 

Bail 

Bail is termed as the surety to obtain the release of a convict who is intended to give bail, a financial arrangement that he takes to set free from police custody or temporary release by paying the amount as collateral which is refunded as he enters for a trial ( to study the difference between bail and bond).

While the anticipatory is categorised as special bail granted under Indian jurisdiction (section 438 of CRPC) by a high court having a non-bailable warrant (the person is not in police custody).

Objectives of Bail 

The objective of bail ( to study the difference between bail and bond) lies to arrest and detent the accused person to safeguard his appearance during the trial by ensuring of the case if he is found guilty for the crime he can receive the sentence. So, Securing the presence of the defendant at the trials to allow his liberty and protecting the person from detention. 

  • To presume the innocence accused till the convict is concluded guilty
  • Shield person through misbehaviours happening due to false complaint

 Offences under bail 

  • Bailable offence: Section 2(a) of the criminal procedure code describes the bailable offence ( to study the difference between bail and bond). It states the punishable offence with a fine only or imprisonment for less than 3 years. 
  • Non-bailable offence: The same criminal code defines non-bailable offence as well as stated above. However, this is punishable with imprisonment for life, death, or imprisonment for 7+ years.

Considerations are taken by the court for granting bail to the convict 

  • Nature of offence.
  • Character and reputation of the accused
  • Character and strength of evidence
  • Forfeiture of other bonds
  • Determining the amount of bail, former criminal record and character of the defendant
  • The ability of the accused to give bail
  • Penalty for the offence charged
  • Health of accused
  • The probability of the accused appearing at the trial
  • Whether the accused was fugitive from justice when arrested

The following principles need to have adhered to while refusing or granting bail ( to study the difference between bail and bond) under section 437 of CRPC – Criminal Procedural Code ( to study the difference between bail and bond in CrPC) applicable after the accused gets arrested:

  • Bail may get rejected if the court has evidence or reasonable grounds that any kind of bail cannot secure the defendant convicted at the stage of judgement. 
  • The bail granted should not be refused until the convict is accused of a heinous crime/ bad records where punishment defined by law is severe. 
  • Bail should only be refused if there is a likeliness that the convicted person’s bail application will interfere with witnesses of prosecution (or pulling out the process of justice)
  • The Bail ( to study the difference between bail and bond) may get refused if the course of justice gets thwarted by the individual seeking benignant jurisdiction of the court to be freed for that time. 

Bail Bond

The bail bond is a kind of surety bond ensured by a company through a bail bondsman or bail agent who secures the release of a person (defendant) from jail. Typically there are two kinds of bail bonds: 

  • Civil bail bond: This type of bail bond ( to study the difference between bail and bond) is used in civil cases that guarantee payment of the debt in addition to costs and interest, assessed against the defendant. 
  • Criminal bail bond: Whereas this type ( to study the difference between bail and bond) is facilitated in criminal cases guaranteeing that the defendant appears trial called by the court. Also, the payment for penalties or fines is ensured decided against the person. 

Types of bond 

Types Of Bail Bond
Types Of Bail Bond
  • Security bond: The security bond ( to study the difference between bail and bond in CrPC) treats like a performance bond or payment bond depending on the financial obligation of the stated entity bonded on the defendant executed by a bail bondsman. 
  • Personal bond: The personal bond depicting the criminal convict appears in the court dates, where the accused has to fulfil the amount mentioned in the bond if the promise to appear in the court is broken. 
  • Federal bail bonds: They are issued when federal crimes commit out of the limits of the state which are directly executed with the court without a bail agent. 
  • Immigration bail bond: These types of bonds are used for non-residents and non-citizens present in the U.S. Although the process is complex and expensive. 
  • Property bond: Here a property is offered y the defendant in the form of bail where he must hold full rights on the property.

Working of a Bail Bond

When a judge sets an amount of the bail, and the defendant is unable to pay it on their own. So, He can seek the help of a bail bondsman in the form of a bail bond ( to study the difference between bail and bond).

The defendant is required to make a payment of 10% (bail amount) to post a bail bond. Further, the bail bondsman secures the rest of the bail amount as collateral. However, if the defendant does not own enough collateral. Then the bail agent can seek out his friends and relatives to assist in recovering the bail. 

Therefore, The happening of the next event depends on if the possibility of the defendant appearing in court after being released.

  • If the defendant appears for court: Depending upon the conclusion or result of the court case, the bail bond gets dissolved where the collateral is returned to the defendant or person who posted it. Moreover, the bail agent keeps his share of the 10% cash fee as profit. 
  • If the defendant fails to appear in court: The bail bond ( to study the difference between bail and bond) gets forfeited where the court demands the 90% of the bail amount required to pay. So, The bail agent uses the collateral ( jewellery, house, stocks etc) of the defendant to make the payment asked by the court.  

Sections described

Here are few sections that give more clearance about the topic for the difference between bail and bond in CrPC. 

Section 436In what cases bail is granted
Section 436A of CrPCThe maximum period for which an undertrial can be detained
Section 437 of CrPCWhen bail can be granted for non-bailable offences
Section 437A of CrPCBail to require accused person next appellate court
Section 438 of CrPCDirections for grant of bail to person apprehending arrest
Section 439 of CrPCSpecial powers of the high court or sessions court regarding bail
Section 440 of CrPCAmount of bond and reduction thereof
Section 441 of CrPC Bond of accused and sureties 
Section 442 of CrPC Discharge from custody
Section 443 of CrPCPower to order sufficient bail when the first taken is insufficient 
Section 444 of CrPCDischarge of sureties 
Section 445 of CrPCDeposit instead of recognizance
Section 446 of CrPCProcedure when the bond is forfeited 
Section 447 of CrPCProcedure in case of insolvency or death of surety or when the bond is forfeited 
Section 448 of CrPCBond required for minor
Section 449 of CrPCAppeal from orders under section 446
Section 450 of CrPCPower to direct levy of the amount due on certain recognizance

Bail and Bond Example

Ram got arrested where the court sets his bail at $10,000. He wants to get released but does not hold adequate cash. Therefore, Ram seeks helps from a bail agent to post a bail bond ( to study the difference between bail and bond) for him.

So, now the bondsman needs $1000 to post resulting in his release. The rest amount of $9000, the bondsman secures collateral from his family which was in the form of jewellery. 

  • If Ram does not appears in the court, the bail agent has to pay $9000 of bail to the court using his collateral as jewellery. 
  • While if he appeared in court at all necessary dates, the agent requires no money and the bail bond gets dissolved as the result of Ram’s case. He receives his collateral in return but would not get $1000 back, since the bondsman will keep it as a profit.
  • However, if Ram would have posted $10000 in cash, he would be facilitated with a refund at the end of the case, regardless of the outcome which is termed bail.

Difference between bail and bond 

The terms bail and bond are substitutable used for each other often. Briefly stating when a person gets arrested, he might demand bail depicting the temporary release of the accused on deposit of some security face only if he is awaited to trial.

However, when a 3rd party gets involved and is answerable for the arrested person under impeachment so it is referred to as a bond. After studying a brief about both the concepts, the difference between bail and bond can be highlighted with mentioned with major factors.

The difference between bail and bond can be started with bail being a temporary release of the potential convict. While bond involves a broker who facilitates good in case the convict fails to appear. So, The bond involves an intermediary party taking the headache with complete accountability for situations of onuses pending or commitment. 

tabular representation

Moreover, there are other points of difference between bail and bond discussed below:

Parameter Bail Bond 
Definition When a smaller amount as a fee is paid on behalf of the defendant due to which the court permits him to stay out of jail is termed as bail. However, if the convict does not appear in jail, after a set duration and time then the offence shifts to bondsman which is referred to as a bond. 
Fine or fees paidThe convict himself pays the amount or someone from his family or relativesThe additional separate bail agent or party broker pays the amount
Consideration Cash becomes the only consideration kept as evidence under bail.Whereas the bondsman takes complete responsibility for the debts and all the obligations of the convict in case of a bond.
Nature of money The money deposited is fully refundable once the tenure is over under the case of bail.Even after the dues and obligations are completed by the defendant, the money deposited is not returned based on.
Cost incurredThe expense under bail is relatively lowerThe bond plus the fees of the bondsman makes this side a costlier deal for the convict.
Nature of dealThis kind of system is fully secured by government rules and regulations. While the bond is also secured but the 3rd party influence involves a lengthy procedure. 

Conclusion 

Therefore, bail is considered as the type of security for giving assurance. Depending upon the kind of crime that the defendant will appear to the court whenever asked. Whereas involving 3rd party in this procedure reflects a bond. A brief comparison between the two explaining the difference between bail and bond is covered based on consideration, cost, nature of money etc. 

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