(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.
Bharatiya Nagarik Suraksha Sanhita
Section 141
Imprisonment in default of security
⚡ Quick Answer Reference: Section 141 BNSS
- Provision: Section 141 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: This section explains what happens if someone fails to provide security as ordered by a court or magistrate, resulting in potential imprisonment.
What does Section 141 of BNSS say?
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What does Section 141 of BNSS mean?
Plain English Explanation
This section explains what happens if someone fails to provide security as ordered by a court or magistrate, resulting in potential imprisonment.
Practical Interpretation
In practice, this section is used when an individual fails to comply with a court order to provide security, leading to detention or imprisonment until the security is provided or the period expires.
Core Legal Purpose
The core purpose is to ensure compliance with court orders for security, maintaining public order and safety by deterring breaches of peace or good behavior.
- •The person must have been ordered to give security under section 125 or 136.
- •The person fails to give such security on or before the commencement of the period for which the security is required.
- •The key legal test is whether the person has willfully failed to provide the required security.
- •A key exception is if the person is already in prison, in which case they will be detained until the period expires or the security is given.
Practical Example of Section 141 BNSS
Rajesh is ordered by a magistrate to provide security for keeping the peace for a period of two years. If Rajesh fails to provide this security, he may be committed to prison until he gives the security or the two-year period expires. This scenario illustrates how Section 141 operates to enforce compliance with security orders.
Frequently Asked Questions about Section 141 BNSS
Q: What is the punishment or consequence under Section 141 of BNSS?
The punishment is imprisonment until the security is given or the period for which the security was required expires, with a maximum period not exceeding three years for failure to give security.
Q: Does this section apply to private individuals or public entities?
This section applies to any person ordered to give security under sections 125 or 136, which typically involves private individuals but can also apply to entities in certain contexts.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision related to the enforcement of security orders and does not directly classify an offence as bailable or cognizable; it deals with the consequences of failing to provide security as ordered.
Common Questions about Section 141 BNSS
What is Section 141 of BNSS?
Section 141 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Imprisonment in default of security". In plain terms: This section explains what happens if someone fails to provide security as ordered by a court or magistrate, resulting in potential imprisonment.
What is the punishment under Section 141 of BNSS?
Section 141 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 141 of BNSS bailable or non-bailable?
Whether Section 141 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 141 of BNSS?
The essential elements of Section 141 of BNSS are: The person must have been ordered to give security under section 125 or 136.; The person fails to give such security on or before the commencement of the period for which the security is required.; The key legal test is whether the person has willfully failed to provide the required security..
Landmark Judgments under Section 141 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 141
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