Bail and Bond both mean living out instead of living in jail till trial by paying a sum of money to the court. Due to various similarities, both terms are often confused with one another and used interchangeably. But if there are similarities, there are differences too.
The major difference between Bail and Bond is that the accused pays the former while the bondsman pays the latter.
- When a person has his trial in a long time, and there is no point in living in prison, he applies for Bail. As per the accused’s past crimes and allegations, the court fixed a sum of money to be paid by him as collateral. If he can pay the desired money by himself, it is known as Bail.
- It is always paid by the accused himself.
- Its amount is always paid in cash.
- Its amount is always refunded back to the person.
- When the court asks a person to pay a sum of money as collateral, there are scenarios when the person can not pay the sum. In these scenarios, the person contacts bonding companies who pay the desired sum and takes full responsibility for the accused that who would be present at the time of the trial.
- A bondsman always pays for it.
- There are various ways of paying bonds other than cash.
- Its amount is non-refundable.
Comparison Between A Bail And A Bond
|Meaning||It refers to a way of attaining temporary release from jail by paying a sum of money to the court as collateral. This amount acts as a security and is always paid by the accused.||It refers to a sum of money paid by a Bond Bail company to the court in the place of the accused. The concerned company also has to take responsibility for the accused, who will follow all the rules and be present at the trial.|
|Purpose||The sole purpose of Bail is to let the accused obtain a temporary release from jail till his trial.||The sole purpose of a Bond is to let the accused have Bail by paying his sum of money to the court and taking responsibility.|
|Types||It generally has no types.||It can be broadly categorized into four main types: Cash, Surety, Property, and Personal.|
|Payment||The accused has to pay the entire amount of Bail as the court decides. This amount is decided by considering the accused’s past crimes and allegations.||The accused only has to pay a small amount fee to the Bail/Bond company. This fee is very budget-friendly and the only amount an accused has to pay.|
|Paid by||It is always paid by the accused himself.||It is always paid by a Bond Bail company or by a Bondsman.|
|Paid in the form of||It is typically always paid in the form of cash.||It can be paid in the form of cash as well as property.|
|Refund||After an accused has followed all the rules and is present at the trial, the Bail money is refunded to the accused.||After an accused is present at the trial, the Bond money is refunded back to the Bond Bail company as they paid on behalf of the accused. The fee that the accused paid to the company is not refunded to the accused.|
Major Differences Between Bail And A Bond
What exactly is Bail?
A Bail can be described as a way of living outside of jail till a person’s trial by paying a sum of money. The sum of money to be paid by the accused is decided based on the accused’s past crimes and current allegations. One of the hallmark features of Bail is that it is always paid in cash and refunded to the accused.
Features of Bail
- It refers to a way of having a temporary release from jail by paying a sum of money to the court.
- Bail’s classic feature distinguishing it from Bond is that it is always paid by the accused.
- Cash is the only medium a person can pay.
- After a person is available at his trial and has not broken any restriction imposed on him by the court, he is refunded all his Bail money.
What exactly is a Bond?
The court considers the accused’s past crimes and allegations before fixing the sum of money to be paid by him.
Sometimes, the sum is so large that he cannot pay it alone. In such a scenario, he contacts the Bail/Bond company, and they take full responsibility for the accused and pay his Bail amount to the court. Making a Bond company pay an individual’s Bail money requires a payment of a small amount as a fee that the person has to pay to the company.
Features of Bond
- It is a type of security that pays the Bail amount of a person cause he can not pay the sum.
- A person has to pay a small amount of money as a fee to Bail/Bond companies so that they pay a person’s Bail amount. However, this fee amount is very affordable, unlike the Bail amount.
- It is paid by the Bail/Bond companies that also take full responsibility for the accused, and he will follow all the court orders.
- Cash is not the only way to pay this amount. It can broadly be classified into four types: Surety, Property, Cash, and Personal.
- Unlike Bail, the Bond amount can never be refunded.
The contrast between Bail And Bond
Origin of the word
- Bail – It is a Middle English word that is believed to have originated from the Old French word “bail,” which means “custody,” which originated from another Old French word “baller,” which means “taking charge of,” which originated from the Latin word “abjure” which means “to bear a burden.”
- Bond – Bond is a Middle English word originating from the English word “band.”
- Bail – It refers to a way of obtaining a temporary release by paying a sum of money to the court. To attain Bail, the court decides on a sum of money that the accused has to pay as collateral. If he can pay it himself, he must deposit it to court and be out on Bail.
- Bond – It is a type of security that helps a person obtain Bail by paying his sum of money to the court. Using a Bond arises when the accused cannot pay his Bail amount and then contacts a Bail Bond company to pay for him as security. In return, these companies must ensure that the accused follows all the restrictions imposed on him and is present for his trial.
- Bail – Bail’s sole purpose is temporarily releasing the accused until his trial. To ensure the accused does not run away, the court asks him to pay a sum of money as collateral.
- Bond – The sole purpose of a Bond is to help a person obtain his Bail by paying his sum of money and taking full responsibility for him.
- Bail – There are not any types of Bail.
- Bond: are classified into four main types: Surety, Property, Cash, and Personal. Surety Bond refers to Bond. Here someone else pays the accused’s sum of money to the court, generally Bail Bond companies. Property Bonds refer to a type of Bail where the accused gives one of his properties as collateral to the court instead of cash. Cash Bonds are referred to as Bail, where the accused has to pay a required sum of money to the court. Finally, personal Bonds refer to getting Bail when an accused gives his words or promises to the court that he will follow all the restrictions wisely and be at trial.
Types of Bond
- Cash Bond: The most basic type of Bond involves paying in the form of cash.
- Property Bond: One widely used type of Bond involves putting a property as collateral to the court instead of cash.
- Surety Bond: It refers to the payment of Bail through a Bond Bail company on behalf of the accused.
- Personal Bond: In this type of Bond, Bail is granted to the accused on his words and promise of return.
- Bail – A person must pay all the amount imposed on him to obtain Bail. He can not pay half or pay only a part of it. If he can not pay the whole amount by himself, then he has to contact a Bail Bond company and let them pay for his sum of money,
- Bond – To obtain a Bond, a person does not have to pay anything but a very small amount of money as a fee to the Bond Bail company.
- Bail – The hallmark feature of Bail is it is always paid by the accused who wants to obtain a temporary release.
- Bond – The classic feature of a Bond is that a Bondsman always pays it on behalf of a Bail Bond company.
Paid in the form of
- Bail – It is always paid in the form of cash.
- Bond – It can be paid in various forms other than cash, such as in the form of property.
- Bail – When we pay a sum of money to the court in exchange for a temporary release, the money only acts as collateral. This is done, so the accused does not run away and be present at his trial. Thus, the amount is refundable and always returned to the accused.
- Bond – The bond amount is non-refundable because, in this scenario, it is not an accused person who is paying the Bail amount. Instead, it is a third party paying for the accused person. When they pay the sum to the court and take responsibility for the accused, the money refund goes back to the third party, not the accused.
Bail and Bond sound like synonyms and basically severe the same person. But it is wrong to think that both are the same. Bail refers to a way of obtaining a temporary release from jail where the accused has to pay a sum of money to the court.
On the other hand, a Bond is a way of obtaining a temporary release for the accused, but the amount of money is paid by a third party.
FREQUENTLY ASKED QUESTIONS (FAQs)
Q1. Do Bail and Bond have the same purpose?
Yes, it can be said that both the Bail and Bond have the same purpose, i.e., letting a person receive a temporary release. The only difference is Bail asks the accused himself to pay the amount of money, while Bond lets a third party pay the amount of money for the accused.
Q2. Why is the Bond money not refunded to the accused?
The Bond money is not refunded to the accused because it is not the accused’s money in the first place. The accused only has to pay a small amount of money to the Bond companies, which pay the entire Bail amount to the court.
Q3. What is the difference between Cash and Property Bonds?
The major distinction between Cash bonds and Property bonds is that the former is paid with cash while the latter is paid with property.
Q4. What happens if the accused does not show up after Bail/Bond?
If the accused does not show up at his trial after obtaining Bail/Bond, then the Bail money can no longer be recovered. If a Bond company did the Bail, then the money can not be refunded to them either. To catch the accused, the court may hire some agents to fulfill the purpose.
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