Why Supreme Court Is Mulling Bail Bondsmen: The Concept To Global Practice Explained

Last Updated:February 13, 2026, 17:55 IST

The Supreme Court is mulling getting licensed professional bail bondsmen to act as guarantors for non-citizens to ensure their presence during trial

The Supreme Court is considering introducing licensed professional bail bondsmen over concerns regarding foreigners accused in Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cases, who secure release under the ‘bail not jail’ principle and subsequently disappear.

What does it mean? Will it help?

What does the SC plan to do and why?

The top court is mulling getting licensed professional bail bondsmen to act as guarantors for non-citizens to ensure their presence during trial.

In a case involving the NDPS Act, where a foreign national named Chidiebere Kingsley Nawchara secured bail and then absconded, Justices Sanjay Karol and AG Masih requested amicus curiae and senior advocate Sidharth Luthra to propose a system to ensure that a non-citizen will be available to face trial, even if they are granted bail after a prolonged period of incarceration.

Luthra and his associate advocates, prepared a draft ‘Professional Bail Bondsmen (Regulation) Rules’ based on suggestions by the Department of Revenue Intelligence (DRI) and submitted it to the court.

The document has been uploaded on the Supreme Court’s website. Additionally, suggestions have been invited from the public and domain experts.

“These guidelines are only applicable for the grant of bail by the trial court/appellate court to foreign nationals and non-citizens who are being prosecuted for offences under NDPS in relation to commercial quantity," the amicus curiae said.

It has been learnt that under the proposed rules, individuals or business entities could get licence to become professional bail bondsmen.

What is a professional bondsman?

A professional bondsman is a licensed individual or agency that provides a financial guarantee (a bail bond) to the court on behalf of a defendant.

Currently, India relies on “solvent sureties"—usually relatives or friends with property papers—to guarantee an accused person’s appearance in court. Many poor defendants remain in jail simply because they lack such connections.

Professional bondsmen would act as commercial sureties, charging a non-refundable fee to post bail for those who have no other options.

What do they do?

Risk Assessment: They evaluate if a defendant is likely to flee before agreeing to post their bond.

Financial Guarantee: They pay the court the full bail amount or provide an irrevocable pledge to pay it if the defendant skips trial.

Ensuring Appearance: They take responsibility for ensuring the defendant shows up for all court dates.

Apprehension: In many systems, if a defendant “jumps bail," the bondsman has the legal authority to track them down and return them to custody to avoid losing their money.

How it works globally

United States: The U.S. has the most developed commercial bail system. Bondsmen typically charge a 10-15% non-refundable premium. For a $10,000 bail, the defendant pays $1,000 to the bondsman, who then guarantees the full $10,000 to the court.

Philippines: This is the only other country with a system widely similar to the U.S..

Most Other Countries: The practice is often illegal or strictly restricted, as it is seen as “commodifying" justice or discriminating against the poor. Many European and Commonwealth nations prefer pretrial services or release on personal recognizance rather than commercial bonds.

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