Section 141 BNSS: Imprisonment in Default of Security
Section 141 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs imprisonment or detention when a person fails to furnish security as ordered, and also deals with detention following breach of a bond or bail bond for keeping the peace.
Meaning and scope of Section 141 BNSS
The section provides the consequence of not furnishing security required under the preventive-security provisions of the BNSS. It also sets out the procedure when security is ordered for a period exceeding one year, requires involvement of the Sessions Judge in such cases, and specifies the permissible nature and duration of imprisonment.
- Failure to furnish security: A person ordered to give security under Section 125 or Section 136 may be committed to prison, or detained if already in prison, until the relevant period expires or the required security is furnished.
- Breach of bond or bail bond: Where a bond or bail bond for keeping the peace under Section 136 is breached, the Magistrate may order arrest and detention after recording the grounds of proof.
- Security exceeding one year: If the Magistrate orders security for more than one year and the person does not furnish it, the proceedings are to be placed before the Sessions Judge.
- Maximum imprisonment: Imprisonment for failure to give security cannot exceed three years under the proviso to sub-section (3).
- Nature of imprisonment: Failure to give security for keeping the peace results in simple imprisonment. For good behaviour, the nature of imprisonment depends on the provision under which proceedings were taken.
Text of Section 141 - Imprisonment in default of security
141. (1) (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it;
(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs.
How Section 141 operates
1. Default in furnishing security
Section 141(1)(a) applies after a competent Court or Magistrate has ordered a person to furnish security under the provisions referred to in the section. The detention is linked to the period for which security was ordered and may end earlier if the security is furnished to the Court or Magistrate that made the order.
2. Breach of a peace bond
Section 141(1)(b) deals with breach of a bond or bail bond executed for keeping the peace under Section 136. Before ordering detention, the Magistrate or successor-in-office must be satisfied that the breach has been proved and must record the grounds of that proof.
3. Role of the Sessions Judge
Where security is ordered for more than one year and is not furnished, the Magistrate must send the matter to the Sessions Judge. The Sessions Court may examine the proceedings, call for further information or evidence, give the concerned person a reasonable opportunity of being heard, and then pass an appropriate order.
4. Maximum period and type of imprisonment
The proviso to Section 141(3) caps imprisonment for failure to give security at three years. Sub-sections (7) and (8) distinguish between security for keeping the peace and security for good behaviour when determining whether imprisonment is simple or may be rigorous.
Related BNSS provisions
Section 141 should be read with the surrounding provisions governing preventive security, including Section 142 - Power to release persons imprisoned for failing to give security and Section 143 - Security for unexpired period of bond.
This page is intended as a general legal reference. For a proceeding involving preventive security, detention, bond forfeiture, or release, the facts and the applicable judicial orders should be examined separately.