**Sample PDF of the Affidavit is attached at the end.
Why & When is this Affidavit Used?
- Whenever a person is granted bail (regular bail, anticipatory bail, or released on bond) by police/court.
- The accused executes a bail bond (promise to appear before court/police as required).
- The surety (relative/friend/guarantor) gives this affidavit to show:
- Their identity and address,
- Relationship with accused,
- Their financial capacity (property, job, income, bank deposits, vehicles, etc.),
- Undertaking to produce the accused whenever required.
- It works like a legal guarantee to court that "I will ensure the accused does not abscond."
Purpose of the Affidavit
- Authenticate Surety – prevents fake or non-traceable guarantors.
- Show Financial Capacity – so the government can recover the penalty if the accused absconds.
- Assure Control – surety must be capable of producing the accused in court.
- Legal Safeguard – An affidavit is sworn, so lying = perjury.
Important Things to Know
- Now cited under BNSS sections 479, 480, 482 & 484.
- The surety must provide identity proof, income proof, and property proof with an affidavit.
- False affidavit = punishable under BNS, 2023 (perjury).
- Court can forfeit property or FDRs mentioned in the affidavit if the accused absconds.
- If surety fails, he can also be jailed until the penalty is paid.
Quick FAQs
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Q1. Who can stand as surety?
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Any adult with a stable address & financial capacity. Usually family, friends, and employer.
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Q2. Can a government employee or pensioner be a surety?
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Yes, they are often preferred since they are traceable and financially stable.
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Q3. What happens if the accused skips bail?
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Court can:
- Issue a warrant against the accused.
- Forfeit surety's money/property.
- Penalise surety for failing the undertaking.
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Q4. Is an affidavit compulsory with a bail bond?
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Yes, almost all High Courts direct sureties to file affidavits so their capacity and relation with the accused are verified.
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Q5. Does BNSS change the process?
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No, only section numbers changed. Procedure & affidavit remain the same.
Downloads & Resources
Legal Affidavit Document
FORM NO. 45
Bond and Bail Bond for Attendance Before Officer Incharge of Police Station or Court
In the Court of Shri ___
Police Station ___ Next Date of Hearing: ___
Under Section ___ Sent to Jail on ___
F.I.R. No. ___
Bail Bond
I ___, Son of Shri ___, Resident of ___, having been arrested or detained without warrant by the Officer Incharge of ___ Police Station and brought before this Court charged with the offence of ___, undertake to attend such Officer or Court on every day of investigation or trial and in case of default, bind myself to forfeit to the Government the sum of Rs. ___.
Signature: __________________________
Dated: ___
I ___, Son of Shri ___, Resident of ___, hereby declare myself surety for the above-named ___ that he/she shall attend the Officer Incharge of ___ or the Court of Shri ___ and in case of default, I bind myself to forfeit to Government the sum of Rs. ___.
Dated this ___
Signature: __________________________
Witness
1. ___
2. ___
AFFIDAVIT
I ___, ___ of ___, aged about ___ years, Resident of ___, do hereby solemnly affirm and declare:
- That my Ration Card No. ___ and Election Card No. ___.
- That the accused is ___ of the deponent and I undertake to produce him/her before the Court.
- That I am working as ___ at ___, T/C No. ___, earning Rs. ___ per month.
- That I own household articles valued at Rs. ___.
- That I own immovable property No. ___, measuring ___, situated at ___, valued not less than Rs. ___.
- That I hold FDR No. ___, issued by ___, for Rs. ___.
- That I own vehicle No. ___, Make ___, R/C No. ___, valued not less than Rs. ___.
DEPONENT
VERIFICATION
Verified at ___ on this ___ that the contents of this affidavit are true and correct.
DEPONENT
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