Section 140 BNSS: Power to Reject Sureties
Section 140 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a Magistrate to refuse a proposed surety or reject a surety already accepted under Chapter IX where the surety is found unfit for the purposes of the bail bond. The power is subject to mandatory procedural safeguards, including an inquiry on oath, reasonable notice, consideration of evidence and recorded reasons.
Bare Act Text of Section 140 BNSS
Meaning of Section 140 BNSS
Section 140 regulates the Magistrate's scrutiny of sureties furnished in preventive security proceedings under Chapter IX. It recognizes that a surety must be fit for the purpose of the bail bond and gives the Magistrate power to refuse an unsuitable surety before acceptance or to reject one already accepted.
However, the provision does not permit rejection merely on an unexplained opinion. Before refusing or rejecting a surety, the statutory inquiry and notice procedure must be followed.
When Can a Magistrate Refuse or Reject a Surety?
| Situation | Power under Section 140 |
|---|---|
| A surety is newly offered | The Magistrate may refuse to accept the surety if the surety is found unfit for the purposes of the bail bond. |
| A surety has already been accepted by the Magistrate | The Magistrate may reject the surety after following the prescribed procedure. |
| A surety was accepted by the Magistrate's predecessor | The successor Magistrate may also reject that surety if statutory requirements are satisfied. |
Inquiry on Oath Is Required
Before refusing to accept or rejecting a surety, the Magistrate must either conduct an inquiry on oath into the fitness of the surety personally or direct a subordinate Magistrate to conduct the inquiry and submit a report.
Reasonable Notice to Both Persons
Before the inquiry is held, reasonable notice must be given to both the surety and the person by whom the surety was offered. This provides an opportunity for the affected persons to participate in the inquiry and address the question of fitness.
Substance of Evidence Must Be Recorded
During the inquiry, the Magistrate must record the substance of the evidence adduced. This requirement creates a record showing the evidentiary basis on which the fitness or unfitness of the surety is assessed.
Reasoned Order Is Mandatory
Under sub-section (3), the Magistrate must consider the evidence and any report received from a subordinate Magistrate. If satisfied that the surety is unfit for purposes of the bail bond, the Magistrate may refuse to accept or reject the surety, but must record reasons for doing so.
| Stage | Statutory Requirement |
|---|---|
| Before inquiry | Give reasonable notice to the surety and the person who offered the surety. |
| Inquiry | Inquiry must be on oath, either personally or through a subordinate Magistrate. |
| Evidence | Record the substance of the evidence adduced. |
| Decision | Consider the evidence and any subordinate Magistrate's report. |
| Order | If the surety is found unfit, refuse or reject the surety and record reasons. |
Additional Safeguard for a Previously Accepted Surety
A further safeguard applies where the surety has already been accepted. Before making an order rejecting such a surety, the Magistrate must issue a summons or warrant, as considered appropriate, so that the person for whom the surety is bound appears or is brought before the Magistrate.
What Does "Unfit Person" Mean?
Section 140 does not provide an exhaustive statutory definition of an "unfit person". Fitness must therefore be determined in the inquiry on the evidence relevant to whether the proposed or existing surety is suitable for the purposes of the bail bond. The statutory decision must be based on the inquiry and supported by recorded reasons.
Relationship with Sections 139 and 141 BNSS
Section 139 BNSS specifies the contents of the bond or bail bond. Section 140 then deals with the fitness of the surety supporting that bail bond. The following provision, Section 141 BNSS, deals with imprisonment in default of security and related consequences.
Appeal against Refusal or Rejection of Surety
Section 414 BNSS provides for appeals from orders requiring security or refusing to accept or rejecting a surety for keeping the peace or good behaviour. The availability and forum of an appeal must be examined with reference to the order concerned and the applicable provisions of the BNSS.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 140 BNSS substantially corresponds to Section 121 of the Code of Criminal Procedure, 1973, which was also titled "Power to reject sureties". The BNSS text uses the expression "bail bond" in the relevant clauses.
Key Points at a Glance
- A Magistrate may refuse a surety offered or reject a surety already accepted.
- The statutory ground is that the surety is unfit for purposes of the bail bond.
- An inquiry on oath is mandatory before refusal or rejection.
- Reasonable notice must be given to both the surety and the person who offered the surety.
- The substance of evidence adduced in the inquiry must be recorded.
- A decision that the surety is unfit must be supported by recorded reasons.
- Before rejecting a previously accepted surety, the person for whom the surety is bound must be summoned or brought before the Magistrate.
- Section 414 BNSS addresses appeals against specified security and surety orders.
Official Legal Resources
Related BNSS Sections
This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.