Section 143 BNSS: Security for Unexpired Period of Bond
Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with fresh security for the unexpired period of a bond when a person appears or is brought before the Magistrate or Court following a summons or warrant issued under the provisions referred to in the section.
Meaning and scope of Section 143 BNSS
Section 143 provides what happens when a person is brought before a Magistrate or Court under the circumstances specified in the proviso to Section 140(3) or Section 142(10). The existing bond or bail bond is cancelled, and the person is required to furnish fresh security for the remaining part of the original bond period.
- When the section applies: It applies when a person appears or is brought before the Magistrate or Court pursuant to a summons or warrant issued under the proviso to Section 140(3) or under Section 142(10).
- Cancellation of existing bond: The Magistrate or Court must cancel the bond or bail bond already executed by that person.
- Fresh security: The person must be ordered to furnish fresh security of the same description as the original security.
- Only the unexpired period: The fresh security is required only for the remaining portion of the original bond term.
- Legal treatment of the fresh order: For Sections 139 to 142, the fresh-security order is deemed to be an order made under Section 125 or Section 136, as applicable.
Text of Section 143 - Security for unexpired period of bond
143. (1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.
(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be.
How Section 143 BNSS operates
1. Trigger for fresh security
Section 143 is not a general power to demand new security. It is triggered by the specific procedural situations identified in Section 140(3) and Section 142(10), where the person concerned appears or is brought before the Magistrate or Court after issuance of a summons or warrant.
2. Existing bond or bail bond is cancelled
Once the person appears or is produced, the Magistrate or Court is required to cancel the existing bond or bail bond. The statute then requires a new security arrangement rather than continuation of the cancelled instrument.
3. Fresh security is limited to the remaining period
The fresh security must be of the same description as the original security, but it applies only to the unexpired portion of the original term. The provision therefore does not restart the original bond period.
4. Deeming provision in sub-section (2)
Sub-section (2) gives the fresh-security order the legal character of an order under Section 125 or Section 136, as the case may be, for the purposes of Sections 139 to 142. This connects the fresh order to the statutory rules governing the contents of bonds, rejection of sureties, imprisonment in default of security, and release of persons imprisoned for failing to give security.
Related BNSS provisions
Section 143 should be read with Section 141 - Imprisonment in default of security and Section 142 - Power to release persons imprisoned for failing to give security. The section also expressly refers to Section 140(3), Section 125, and Section 136.
This page is intended as a general legal reference. Application of Section 143 depends on the original security proceeding, the bond or bail bond involved, the unexpired period, and the order of the competent Magistrate or Court.