(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
Bharatiya Nagarik Suraksha Sanhita
Section 140
Power to reject sureties
⚡ Quick Answer Reference: Section 140 BNSS
- Provision: Section 140 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: A Magistrate can reject a surety if they think the person is not suitable to guarantee someone's bail. Before doing this, the Magistrate must hold an inquiry and give the surety a chance to explain themselves.
What does Section 140 of BNSS say?
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What does Section 140 of BNSS mean?
Plain English Explanation
A Magistrate can reject a surety if they think the person is not suitable to guarantee someone's bail. Before doing this, the Magistrate must hold an inquiry and give the surety a chance to explain themselves.
Practical Interpretation
In practice, this section means that a Magistrate has the power to reject a surety if they don't think the person is reliable enough. This is an important check to ensure that bail conditions are met and that the person being released on bail is not a flight risk.
Core Legal Purpose
The core purpose of this section is to give Magistrates the power to reject sureties if they are not suitable, thereby ensuring that bail conditions are met and public safety is protected.
- •A Magistrate may refuse to accept any surety offered.
- •A Magistrate may reject any surety previously accepted by him or his predecessor.
- •The surety must be an unfit person for the purposes of the bail bond.
- •The Magistrate must hold an inquiry into the fitness of the surety before rejecting them.
Practical Example of Section 140 BNSS
Rajesh, a businessman, is accused of a minor crime and is granted bail. His friend, Priya, offers to be his surety. However, the Magistrate is not convinced that Priya is financially stable enough to guarantee Rajesh's bail. The Magistrate decides to hold an inquiry into Priya's financial situation and gives her a chance to explain herself. After the inquiry, the Magistrate rejects Priya as a surety and issues a summons to Rajesh to appear before him.
Frequently Asked Questions about Section 140 BNSS
Q: What is the punishment or consequence under Section 140 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who offer to be sureties for someone's bail.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
Common Questions about Section 140 BNSS
What is Section 140 of BNSS?
Section 140 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to reject sureties". In plain terms: A Magistrate can reject a surety if they think the person is not suitable to guarantee someone's bail. Before doing this, the Magistrate must hold an inquiry and give the surety a chance to explain themselves.
What is the punishment under Section 140 of BNSS?
Section 140 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 140 of BNSS bailable or non-bailable?
Whether Section 140 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 140 of BNSS?
The essential elements of Section 140 of BNSS are: A Magistrate may refuse to accept any surety offered.; A Magistrate may reject any surety previously accepted by him or his predecessor.; The surety must be an unfit person for the purposes of the bail bond..
Landmark Judgments under Section 140 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 140
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