Section 141 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 141 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the consequences for individuals who fail to provide the security required under Sections 125 or 136 of the BNSS. It outlines the procedures for imprisonment in default of security, the handling of breaches of bond conditions, and the roles of Magistrates and Sessions Judges in such cases.
📜 Text of Section 141: Imprisonment in Default of Security
Failure to Provide Security:
Clause (a): If a person ordered to give security under Section 125 or 136 does not provide such security on or before the commencement date, they shall be committed to prison or, if already imprisoned, detained until the period expires or until the security is provided.
Clause (b): If a person breaches a bond or bail bond executed for keeping the peace under Section 136, the Magistrate or their successor may, after recording the grounds, order the person's arrest and detention until the bond period expires, without prejudice to any other punishment or forfeiture.
Security for Period Exceeding One Year:
If a person is ordered to give security for a period exceeding one year and fails to do so, the Magistrate shall issue a warrant directing detention in prison pending the orders of the Sessions Judge, and the proceedings shall be laid before the Court as soon as possible.
Role of Sessions Judge:
The Sessions Judge, after examining the proceedings and requiring further information or evidence, and after giving the person a reasonable opportunity to be heard, may pass such orders as deemed fit. The period of imprisonment for failure to give security shall not exceed three years.
Joint Proceedings:
If security is required from two or more persons in the same proceeding, and one case is referred to the Sessions Judge, the cases of the other persons shall also be included, with the same provisions applying, except that the imprisonment period shall not exceed the period for which security was ordered.
Transfer of Proceedings:
A Sessions Judge may transfer proceedings to an Additional Sessions Judge, who may exercise the powers of the Sessions Judge in respect of such proceedings.
Tendering Security in Jail:
If security is tendered to the officer in charge of the jail, they shall refer the matter to the Court or Magistrate who made the order and await further orders.
Nature of Imprisonment:
Imprisonment for failure to give security for keeping the peace shall be simple.
Imprisonment for Good Behaviour:
Imprisonment for failure to give security for good behaviour shall be simple if proceedings were under Section 127, and may be rigorous or simple if proceedings were under Sections 128 or 129, as the Court or Magistrate directs.
⚖️ Legal Context and Implications
Alignment with CrPC: Section 141 of the BNSS is closely aligned with Section 105-I of the Code of Criminal Procedure, 1973 (CrPC), which also allows for imprisonment in default of security and outlines similar procedures.
Protection of Public Order: This provision ensures that individuals who fail to provide the required security, which is often mandated to maintain public order, can be detained to prevent potential disturbances.
Judicial Oversight: The involvement of Magistrates and Sessions Judges provides a system of checks and balances, ensuring that decisions regarding detention are made judiciously and with due process.
🧾 Illustrative Example
Scenario: An individual is ordered by a Magistrate to provide security for maintaining peace in the locality for a period of one year. The individual fails to provide the security within the stipulated time. As per Section 141(1)(a), the Magistrate commits the individual to prison until they provide the security or until the one-year period expires.
RELATED Blog
0 comments