(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.
Bharatiya Nagarik Suraksha Sanhita
Section 143
Security for unexpired period of bond
Englishहिंदी
⚡ Quick Answer Reference: Section 143 BNSS
- Provision: Section 143 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: This section requires a person who appears or is brought before a Magistrate or Court after a summons or warrant to give fresh security for the remaining period of their bond.
Statutory Content
What does Section 143 of BNSS say?
Indian StandardSection 143, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 143 (India)
Court Pleading StandardSection 143 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/143
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 143 of BNSS mean?
Plain English Explanation
This section requires a person who appears or is brought before a Magistrate or Court after a summons or warrant to give fresh security for the remaining period of their bond.
Practical Interpretation
In practice, this means that if someone's bond is cancelled, they must provide new security of the same type for the rest of the bond's term.
Core Legal Purpose
The purpose of this section is to ensure that the person remains accountable for the unexpired period of their bond, maintaining the integrity of the legal process.
Key Legal Elements
- •A summons or warrant must have been issued under specific sections of the act.
- •The person must appear or be brought before the Magistrate or Court.
- •The Magistrate or Court must cancel the original bond or bail bond.
- •The person must give fresh security of the same description as the original security.
Practical Example
Practical Example of Section 143 BNSS
Rajesh had a bond that was set to expire in six months, but a summons was issued for him under the proviso to sub-section (3) of section 140. When Rajesh appeared before the Magistrate, his original bond was cancelled, and he was ordered to give fresh security for the remaining four months of the bond's term. This ensured that Rajesh remained accountable for the unexpired period of his bond.
Common Questions (FAQ)
Frequently Asked Questions about Section 143 BNSS
Q: What is the consequence under Section 143 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the cancellation of the original bond and the requirement to give fresh security for the unexpired period.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals for whom a summons or warrant has been issued under specific sections of the act, which typically involves private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the traditional sense but rather with procedural aspects of bond management. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 143 BNSS
What is Section 143 of BNSS?
Section 143 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for unexpired period of bond". In plain terms: This section requires a person who appears or is brought before a Magistrate or Court after a summons or warrant to give fresh security for the remaining period of their bond.
What is the punishment under Section 143 of BNSS?
Section 143 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 143 of BNSS bailable or non-bailable?
Whether Section 143 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 143 of BNSS?
The essential elements of Section 143 of BNSS are: A summons or warrant must have been issued under specific sections of the act.; The person must appear or be brought before the Magistrate or Court.; The Magistrate or Court must cancel the original bond or bail bond..
Landmark Case Laws
Landmark Judgments under Section 143 BNSS
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