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Code of Criminal Procedure, 1973

Section 121

Power to reject sureties

Quick Answer Reference: Section 121 CrPC

  • Provision: Section 121 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 121 of CrPC say?

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 bond; Provided that, before so refusing to accept or rejecting any such surely, he shall either himself hold an enquiry 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. 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. 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 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.

Indian StandardSection 121, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 121 (India)
Court Pleading StandardSection 121 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/121

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 121 CrPC

What is Section 121 of CrPC?

Section 121 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to reject sureties". The section states: 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...

What is the punishment under Section 121 of CrPC?

Section 121 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 121 of CrPC bailable or non-bailable?

Whether Section 121 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 121 CrPC

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India