CrPC 121 to BNSS 140: Power to reject sureties
Section 121 CrPC (1973) replaced by Section 140 BNSS (2023)
CrPC 121 to BNSS 140 at a Glance
Section 121 CrPC (Power to reject sureties) is now Section 140 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 121 to BNSS 140?
Section 121 CrPC is found in Section 140 BNSS from 1 July 2024, with the same heading. Section 140(1) BNSS and Section 140(3) BNSS read the purposes of the bail bond where Section 121(1) CrPC and Section 121(3) CrPC read the purposes of the bond, a change of form. The rest of the text is the same.
CrPC 121 vs BNSS 140: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 121 | 140 |
| Heading | Power to reject sureties | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 121 and BNSS 140: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 121, CrPC 1973
121. Power to reject sureties.—(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 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 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.
BNSS 2023 (in force)
Section 140, BNSS 2023
140. Power to reject sureties.—(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.
When It Applies: CrPC 121 vs BNSS 140
Under CrPC 121
- Under Section 121(1) CrPC a Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under the Chapter, on the ground that the surety is an unfit person for the purposes of the bond.
- Under the proviso to Section 121(1) CrPC, before so refusing to accept or rejecting any such surety, the Magistrate shall either hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made by a Magistrate subordinate to him.
- Under Section 121(2) CrPC the 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 the Magistrate.
- Under Section 121(3) CrPC, if the Magistrate is satisfied that the surety is an unfit person for the purposes of the bond, the Magistrate shall make an order refusing to accept or rejecting the surety and recording the reasons for so doing.
- Under the proviso to Section 121(3) CrPC, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue a summons or warrant, as the Magistrate thinks fit, and cause the person for whom the surety is bound to appear or to be brought before the Magistrate.
Under BNSS 140
- Under Section 140(1) BNSS a Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under the Chapter, on the ground that the surety is an unfit person for the purposes of the bail bond.
- Under the proviso to Section 140(1) BNSS, before so refusing to accept or rejecting any such surety, the Magistrate shall either hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made by a Magistrate subordinate to him.
- Under Section 140(2) BNSS the 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 the Magistrate.
- Under Section 140(3) BNSS, if the Magistrate is satisfied that the surety is an unfit person for the purposes of the bail bond, the Magistrate shall make an order refusing to accept or rejecting the surety and recording the reasons for so doing.
- Under the proviso to Section 140(3) BNSS, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue a summons or warrant, as the Magistrate thinks fit, and cause the person for whom the surety is bound to appear or to be brought before the Magistrate.
What CrPC 121 to BNSS 140 Means in Practice
From 1 July 2024, the power to reject sureties is set out in Section 140 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which refers to the bail bond. Before that date it was set out in Section 121 of the Code of Criminal Procedure, 1973, which referred to the bond.
FAQs: CrPC 121 to BNSS 140
Which words differ between Section 121 CrPC and Section 140 BNSS?▼
Section 140(1) BNSS and Section 140(3) BNSS read the purposes of the bail bond where Section 121(1) CrPC and Section 121(3) CrPC read the purposes of the bond.
Why does Section 140 BNSS read bail bond where Section 121 CrPC read bond?▼
The bare texts do not say why. Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety and Section 2(1)(e) BNSS defines a bond as a personal bond or undertaking for release without surety, so the wording is a change of form.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·