Section 142 BNSS: Power to Release Persons Imprisoned for Failing to Give Security
Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides powers to release a person imprisoned for failing to furnish security, reduce the security or surety requirements, impose or cancel conditions of discharge, remand a person following breach of conditions, and cancel certain bonds.
Meaning and scope of Section 142 BNSS
Section 142 operates after a person has been imprisoned for failing to give security under the Chapter dealing with security for keeping the peace and for good behaviour. It creates a mechanism for release where continued detention is considered unnecessary for community or individual safety, and it also permits modification of the amount of security, number of sureties, or period for which security was required.
- Power to discharge: The District Magistrate, in the specified Executive Magistrate cases, or the Chief Judicial Magistrate in other cases may order release where it can be done without hazard to the community or another person.
- Reduction of security: The High Court, Court of Session, or other competent authority specified in the section may reduce the amount of security, number of sureties, or the period for which security is required.
- Conditional discharge: Release may be unconditional or subject to conditions accepted by the person concerned.
- Cancellation of discharge: Failure to comply with a condition may lead to cancellation of the discharge and arrest without warrant.
- Remand for unexpired term: If security is not furnished after cancellation of conditional discharge, the competent authority may remand the person for the unexpired portion of the original term.
- Cancellation of bonds: The High Court, Court of Session, District Magistrate, Chief Judicial Magistrate, and the Court concerned have powers specified in sub-sections (9) and (10) relating to cancellation of bonds.
Text of Section 142 - Power to release persons imprisoned for failing to give security
142. (1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:
Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.
(4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case.
(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion.
(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.
How Section 142 operates
1. Release when detention is no longer necessary
The central safeguard in sub-section (1) is the competent authority's assessment that release can occur without hazard to the community or to another person. The provision therefore permits release even though the original security requirement was not fulfilled.
2. Modification of security requirements
Sub-section (2) permits the competent court or authority to reduce the amount of security, reduce the number of sureties, or shorten the period for which security is required. This provides a statutory means to moderate the original security requirement after imprisonment has begun.
3. Conditional discharge and breach
A discharge may be unconditional or subject to conditions accepted by the person. Any condition expires when the original period for which security was ordered expires. If a condition is not fulfilled, the discharge may be cancelled and the person may be arrested without warrant and brought before the competent authority.
4. Remand and subsequent release
Following cancellation of a conditional discharge, a person who does not provide security in accordance with the original order may be remanded for the unexpired portion specified by sub-section (7). Sub-section (8), read with Section 141, allows release if the required security is later furnished.
5. Cancellation of peace or good-behaviour bonds
Sub-section (9) empowers the High Court or Court of Session to cancel qualifying bonds for sufficient reasons recorded in writing and gives the specified Magistrates corresponding authority in cases falling within their jurisdiction. Sub-section (10) separately permits a surety to apply to the Court for cancellation of the bond.
Related BNSS provisions
Section 142 should be read together with Section 141 - Imprisonment in default of security and Section 143 - Security for unexpired period of bond.
This page is intended as a general legal reference. Application of Section 142 depends on the nature of the original security order, the authority that passed it, the terms of any conditional discharge, and the facts of the individual proceeding.