Section 140 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 140 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers a Magistrate to reject a surety offered for a bail bond if the surety is deemed unfit. This provision ensures that only reliable individuals stand as sureties, maintaining the integrity of the bail system.
📜 Text of Section 140 – Power to Reject Sureties
Refusal or Rejection of Surety: A Magistrate may refuse to accept any surety offered or reject any surety previously accepted if the surety is found unfit for the purposes of the bail bond.
Inquiry Requirement: Before refusing or rejecting a surety, the Magistrate must conduct an inquiry under oath into the fitness of the surety or cause such an inquiry to be held by a subordinate Magistrate.
Notice and Evidence: The Magistrate must give reasonable notice to both the surety and the person offering the surety before the inquiry. During the inquiry, the Magistrate shall record the substance of the evidence presented.
Order and Reasons: If, after considering the evidence and any report from a subordinate Magistrate, the Magistrate is satisfied that the surety is unfit, they shall make an order refusing to accept or rejecting the surety, recording the reasons for the decision.
Summons or Warrant: Before rejecting a previously accepted surety, the Magistrate must issue a summons or warrant to ensure the appearance of the person for whom the surety was bound.
⚖️ Comparison with CrPC
Section 140 of the BNSS mirrors Section 121 of the Code of Criminal Procedure (CrPC), 1973, with similar provisions for rejecting sureties. This alignment ensures consistency in the legal framework governing bail procedures.
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