Section 446 in The Code Of Criminal Procedure, 1973
446. Procedure when bond has been forfeited.
(1) Where a bond under this Code is for appearance or for production of property before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred that the bond has been forfeited or where in respect of any other bond under this Code it is proved to the satisfaction of the Court by which the bond was taken or of any Court to which the case has subsequently been transferred or of the Court of any Magistrate of the first class that the bond has been forfeited, the Court shall record the grounds of such proof and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.- A condition in a bond for appearance or for production of property before a Court shall be construed as including a condition for appearance or as the case may be for the production of property, before any Court to which the case may subsequently be transferred.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code. provided that where such penalty is not paid and cannot be recovered in the manner aforesaid the person so bound as surety shall be liable by order of the Court ordering the recovery of the penalty to imprisonment in civil jail for a term which may extend to six months.]
(3) The Court may, at its discretion remit any portion of the penalty mentioned and enforce payment in part only.
(4) Where a surety to a bond dies before the bond is forfeited his estate shall be discharged from all liability in respect of the bond.
(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond or of a bond executed in lieu of his bond under section 448 a certified copy of the judgment of the Court by which he was convicted of such offense may be used as evidence in proceedings under this section against his surety or sureties and if such certified copy is so used the Court shall presume that such offense was committed by him unless the contrary is proved.