‘Even a beggar with address proof can stand surety’

Justice P Devadass on clarifying that none of the sections in the Code of Criminal Procedure (CrPC) contemplates production of property document, title deeds either by surety or by the accused, said, “The courts demanding production of VAO certificate, residence certificate, solvency certificate or Tahsildar certificate are not mentioned in the CrPC. These are all creations and inventions of certain courts. It is clear that these are not out of any judicial thinking. It is out of a useless thinking curbing the liberty of the individual.” Also, noting that some courts insist that the surety should be offered by a government servant or a public servant or a person permanently employed in a reputed concern, Justice Devadass said, “It cannot be said that all government servants and public servants are Buddhas. In many cases under Section 420 of the IPC, many government servants figure as accused.”

“There are many private individuals having sterling qualities. Mahatma Gandhi is not a government servant. But, he is the Father of our Nation. Yet, as per the present practice being adopted by certain criminal courts, even Mahatma Gandhi cannot be accepted as a surety. Simply because a person is poor, who has no property, no money. no job, it cannot be said that he is disqualified to stand as a surety,” Justice Devadass added. 

The judge also clarified that Chapter 33 of the CrPC does not say that surety should be a member of the family or a blood relative and that the court cannot insist that the sureties should be local surety. 

Moreover, listing out 30 documents ranging from passport to insurance policies, which could serve as available residential proof for those who offer surety, the Judge said, “A beggar can also stand as surety, provided he has some acceptable residential proof. A surety should have a genuine address. He may be asked to produce residential proof. He should not be a vagabond. He should establish his identity. A poor man can be a voter. Likewise, a poor man can be a surety. A surety can be a person without a house owned by him. He can be a tenant. Even a person living on platform, or a slum having an acceptable address proof can stand as a surety.”