CrPC 123→BNSS 142

CrPC 123 to BNSS 142: Power to release persons imprisoned for failing to give security

Section 123 CrPC (1973) replaced by Section 142 BNSS (2023)

View CrPC Section 123 →View BNSS Section 142 →

CrPC 123 to BNSS 142 at a Glance

Section 123 CrPC (Power to release persons imprisoned for failing to give security) is now Section 142 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 123 to BNSS 142?

From 1 July 2024, Section 123 of the Code of Criminal Procedure, 1973 is found in Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading and sub-sections in the same order. Section 142(4) BNSS adds the words by rules to the State Government power to prescribe conditions of a conditional discharge. Section 142(1) BNSS, Section 142(2) BNSS, Section 142(5) BNSS, Section 142(6) BNSS, Section 142(7) BNSS and Section 142(9) BNSS refer to an order passed by an Executive Magistrate under Section 136 BNSS where the matching sub-sections of Section 123 CrPC referred to Section 117 CrPC, and Section 142(8) BNSS refers to Section 141 BNSS where Section 123(8) CrPC referred to Section 122 CrPC.

CrPC 123 vs BNSS 142: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section123142
HeadingPower to release persons imprisoned for failing to give securitySame
Sub-sections10 sub-sectionsSame
Cross-referencess.117, s.122s.136, s.141

CrPC 123 and BNSS 142: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 123, CrPC 1973

123. Power to release persons imprisoned for failing to give security.—(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.
BNSS 2023 (in force)

Section 142, BNSS 2023

142. Power to release persons imprisoned for failing to give security.—(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.

When It Applies: CrPC 123 vs BNSS 142

Under CrPC 123
  1. The District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may order the discharge of a person imprisoned for failing to give security under Section 123(1) CrPC if of opinion that the person may be released without hazard to the community or to any other person.
  2. Whenever a person has been imprisoned for failing to give security, the High Court or Court of Session, or where the order was made by any other Court, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may under Section 123(2) CrPC make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
  3. Under Section 123(3) CrPC, an order of discharge may direct the discharge either without conditions or upon any conditions which the person accepts, and under Section 123(4) CrPC the State Government may prescribe the conditions upon which a conditional discharge may be made.
  4. If any condition upon which a person has been discharged is not fulfilled in the opinion of the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, by whom the order of discharge was made or of his successor, he may cancel it under Section 123(5) CrPC, and under Section 123(6) CrPC any police officer may arrest the person without warrant and the person shall thereupon be produced before that Magistrate.
  5. Unless the person gives security in accordance with the terms of the original order for the unexpired portion of the term, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may remand the person to prison under Section 123(7) CrPC to undergo that portion, and under Section 123(8) CrPC a person so remanded shall, subject to the provisions of Section 122 CrPC, be released at any time on giving that security to the Court or Magistrate by whom the order was made, or to its or his successor.
  6. The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel under Section 123(9) CrPC any bond for keeping the peace or for good behaviour executed under the Chapter by any order made by it, and the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may make such cancellation where the bond was executed under his order or under the order of any other Court in his district.
  7. Under Section 123(10) CrPC, any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond may at any time apply to the Court making the order to cancel the bond, and the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom the surety is bound to appear or to be brought before it.
Under BNSS 142
  1. The District Magistrate, in the case of an order passed by an Executive Magistrate under Section 136 BNSS, or the Chief Judicial Magistrate in any other case, may order the discharge of a person imprisoned for failing to give security under Section 142(1) BNSS if of opinion that the person may be released without hazard to the community or to any other person.
  2. Whenever a person has been imprisoned for failing to give security, the High Court or Court of Session, or where the order was made by any other Court, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 136 BNSS, or the Chief Judicial Magistrate in any other case, may under Section 142(2) BNSS make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
  3. Under Section 142(3) BNSS, an order of discharge may direct the discharge either without conditions or upon any conditions which the person accepts, and under Section 142(4) BNSS the State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.
  4. If any condition upon which a person has been discharged is not fulfilled in the opinion of the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 136 BNSS, or the Chief Judicial Magistrate in any other case, by whom the order of discharge was made or of his successor, he may cancel it under Section 142(5) BNSS, and under Section 142(6) BNSS any police officer may arrest the person without warrant and the person shall thereupon be produced before that Magistrate.
  5. Unless the person gives security in accordance with the terms of the original order for the unexpired portion of the term, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 136 BNSS, or the Chief Judicial Magistrate in any other case, may remand the person to prison under Section 142(7) BNSS to undergo that portion, and under Section 142(8) BNSS a person so remanded shall, subject to the provisions of Section 141 BNSS, be released at any time on giving that security to the Court or Magistrate by whom the order was made, or to its or his successor.
  6. The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel under Section 142(9) BNSS any bond for keeping the peace or for good behaviour executed under the Chapter by any order made by it, and the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 136 BNSS, or the Chief Judicial Magistrate in any other case, may make such cancellation where the bond was executed under his order or under the order of any other Court in his district.
  7. Under Section 142(10) BNSS, any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond may at any time apply to the Court making the order to cancel the bond, and the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom the surety is bound to appear or to be brought before it.

Time Limits: CrPC 123 to BNSS 142

Under CrPC 123
  • The proviso to Section 123(3) CrPC says that any condition imposed shall cease to be operative when the period for which the person was ordered to give security has expired.Act text: “Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.”
  • Under Section 123(7) CrPC, the unexpired portion of the term for which the person was in the first instance committed or ordered to be detained is deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for the conditional discharge, the person would have been entitled to release.Act text: “a period equal to the period between the date of the breach of the conditions of discharge”
  • Under Section 123(8) CrPC, a person remanded to prison under Section 123(7) CrPC shall be released at any time on giving security in accordance with the terms of the original order for the unexpired portion.Act text: “be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid”
  • The High Court or Court of Session may cancel a bond at any time under Section 123(9) CrPC, and a surety may apply at any time under Section 123(10) CrPC to the Court making the order to cancel the bond.Act text: “may at any time apply to the Court making such order to cancel the bond”
Under BNSS 142
  • The proviso to Section 142(3) BNSS says that any condition imposed shall cease to be operative when the period for which the person was ordered to give security has expired.Act text: “Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.”
  • Under Section 142(7) BNSS, the unexpired portion of the term for which the person was in the first instance committed or ordered to be detained is deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for the conditional discharge, the person would have been entitled to release.Act text: “a period equal to the period between the date of the breach of the conditions of discharge”
  • Under Section 142(8) BNSS, a person remanded to prison under Section 142(7) BNSS shall be released at any time on giving security in accordance with the terms of the original order for the unexpired portion.Act text: “be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid”
  • The High Court or Court of Session may cancel a bond at any time under Section 142(9) BNSS, and a surety may apply at any time under Section 142(10) BNSS to the Court making the order to cancel the bond.Act text: “may at any time apply to the Court making such order to cancel the bond”

What CrPC 123 to BNSS 142 Means in Practice

From 1 July 2024, a person imprisoned for failing to give security is dealt with under Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 123 of the Code of Criminal Procedure, 1973. The differences in wording are the words by rules in Section 142(4) BNSS and the renumbered cross-references to Section 136 BNSS and Section 141 BNSS.

FAQs: CrPC 123 to BNSS 142

Where is Section 123 CrPC found from 1 July 2024?▼

Section 123 CrPC is found in Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It maps sub-section by sub-section: Section 123(1) CrPC in Section 142(1) BNSS, Section 123(2) CrPC in Section 142(2) BNSS, Section 123(3) CrPC in Section 142(3) BNSS, Section 123(4) CrPC in Section 142(4) BNSS, Section 123(5) CrPC in Section 142(5) BNSS, Section 123(6) CrPC in Section 142(6) BNSS, Section 123(7) CrPC in Section 142(7) BNSS, Section 123(8) CrPC in Section 142(8) BNSS, Section 123(9) CrPC in Section 142(9) BNSS, and Section 123(10) CrPC in Section 142(10) BNSS.

What wording changed between Section 123(4) CrPC and Section 142(4) BNSS?▼

Section 123(4) CrPC read that the State Government may prescribe the conditions upon which a conditional discharge may be made. Section 142(4) BNSS reads that the State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.

Which cross-references differ between Section 123 CrPC and Section 142 BNSS?▼

Section 142(1) BNSS, Section 142(2) BNSS, Section 142(5) BNSS, Section 142(6) BNSS, Section 142(7) BNSS and Section 142(9) BNSS refer to Section 136 BNSS where the matching sub-sections of Section 123 CrPC referred to Section 117 CrPC. Section 142(8) BNSS refers to Section 141 BNSS where Section 123(8) CrPC referred to Section 122 CrPC.

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: 22 Oct 2026 ·