Difference Between Bail and Bond

Bail and Bond are two terms that are being used substitutable by people throughout the world.


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When a person gets arrested by the police, then he or she has to report to the court of law for final judgment.

Here, the accused or his family might demand bail, i.e. a temporary release of the accused based on the deposit of some security face only in the condition that he or she is awaiting the trial.

When a 3rd party go-between, that is, a broker or a bondsman, is answerable for the debt and obligation of the person under impeachment, then it is called a Bond.

Key Takeaways

  1. Bail is the amount a defendant pays to secure their release from jail before trial.
  2. A bond is an insurance policy that guarantees the total amount of bail will be paid if the defendant fails to appear in court.
  3. Bail is paid by the defendant or a bail bondsman, while a third party pays a bond.

Bail vs Bond

The difference between Bail and bonds is that bail is the temporary release of a potential convict, whereas the bond involves a broker who facilitates the goods if in case the convict fails to appear in court. In bond, it is always an intermediator party that takes the headache and complete accountability of verdict in terms of any commitment or onuses pending.

Bail vs Bond

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Since you all learned the fundamental difference between Bail and Bond, now it is time for you to understand the points of difference and comparison of both terms.  


Comparison Table

Parameter of ComparisonBailBond
DefinitionWhen a small amount of fees is paid on behalf of the person accused, and the court permits him to stay out of jail, then it is bail.If the convict does not appear in jail after a set time and duration, the entire offence shifts to the broker or bondsman, then such a term is called a Bond.
Fine or Fees paid byThe convict himself is capable of someone else who wants to support him, like family, friends or relatives.The additional separate party broker or bail bondsman.
ConsiderationIn the case of Bail, cash is the only consideration that is kept as evidence.In the case of a bond, the 3rd party broker takes complete concern about all the obligations and debts of the convict.
Nature of MoneyIn the case of bail, the money deposited is utterly refundable once the bail period or tenure is over.In the case of a bond, the money deposited will not be returned back even after the dues and obligations are entirely met by the convict.
Cost IncurredThe cost and expense of bail are relatively lower.The bond and especially the fees of the 3rd part bondsman make it a costly deal.
Nature of the DealGovernment rules and guidelines completely secure bail.Bond is also entirely secured by government rules and guidelines.


What is Bail?

Bail is processed by which a convict gets a temporary release from jail by paying an amount as collateral that will be refunded when he/she joins back the court of law.

Per the administration rules and regulations, the court will charge some security amount to the convict and allow him to be out of jail after they fulfil all the conditions.

The bail expense is always remunerated in cash and is fully returnable to the accused in jail. The amount can be either paid by the accused on his own or by someone close to him, like support, household or relations.

For the amount to be refunded completely, the convict has to follow all the rules and guidelines set by the court.

Anticipatory bail is a special bail that the high court grants under Indian jurisdiction to an accused that has a nonbailable warrant. However, the person is not yet in police custody.

Also, bail is consistently implemented for definite tenure per the court’s orders or the rule of law.

The bail quantity or the dues to be paid by the criminal is comparatively inferior and fully returnable when associated with other trials.


What is Bond?

A bond is considered a formal written promise with the permission of both the convict and the broker or 3rd party bondsman who agrees to fulfil all the obligations and duties of the convict.

The bondsman will help and be caught responsible if the illicit or convict misses the target and time set by the court of law or the judgment part for conclusion making.

It is the process adopted for the release of a probable convict who is awaiting his trial in court again on some criminal charges and is in police remand.

It is the commitment by the intermediate person duly signed that they will be responsible for any failure or misconduct of the convict during the remand period.

The convict pays an additional 10% interest on the bond’s actual value to the bondsman along with their security.

Unlike bail, the bond is nonrefundable and must be paid in full by the 3rd party agent, broker, or bondsman as per the guidelines set by the court of law.

The bond total or the fees to be paid by the villain is relatively advanced and non-refundable when matched to other trials.

This is because of the bondsman payments and the bonus awareness tangled in the process.


Main Differences Between Bail and Bond

Although both are part and parcel of the court of law, there is a lot of difference between Bail and Bond regarding fees, duration and risk involved.

  1. The Bail involves the temporary release of a convict under trial by paying a small amount of fee as per the rules and guidelines, whereas the Bond involves a 3rd bash involvement which takes the concern of the offender.
  2. The bail Amount is fully refundable if the convict follows all the court guidelines, whereas the Bond amount is nonrefundable by nature.
  3. The Bond consideration is paid by the Bondsman, whereas the bail consideration is paid in currency by the convict or his close friends.
Difference Between Bail and Bond
  1. https://www.degruyter.com/view/j/jbnst.2009.229.issue-1/jbnst-2009-0105/jbnst-2009-0105.xml
  2. https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1461&context=articles
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3 thoughts on “Difference Between Bail and Bond”

  1. One of my friend faced a wried problem. He was out of the jail on a bail and then he got a notice to report back. How can they do that, I mean is it under their power to re-call anyone back who is out on bail?

    1. The legal system does reserve the right to recall anyone when the need arises. It is due to this reason that they disallow the movement of the person outside the country or outside his state.

  2. I am lawyer in India and the difference between bail and bond given in this article is correct and I can vouch for its authencity

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