Section 140 BNSS: Power to reject sureties
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 140 BNSS at a Glance
Section 140 BNSS deals with power to reject sureties. It replaced Section 121 CrPC on 1 July 2024.
Section 140 BNSS Bare Act Text
(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.
Source: Section 140, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 140 BNSS in Simple Words
Section 140 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to reject sureties.
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.
Before so refusing or rejecting, 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.
When Section 140 BNSS Applies
- 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.
Example of Section 140 BNSS
When Section 140 BNSS Does Not Apply
- Section 140 BNSS speaks of refusing or rejecting a surety on the ground that the surety is an unfit person. It does not deal with imprisonment in default of security, which is the subject of Section 141 BNSS.
- Section 140 BNSS speaks of the rejection of a surety. It does not deal with the power to release persons imprisoned for failing to give security, which is the subject of Section 142 BNSS.
Section 140 BNSS in the CrPC (Previous Law)
Section 140 BNSS replaced Section 121 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 140 BNSS
On what ground may a Magistrate refuse or reject a surety under Section 140 BNSS?▼
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.
What must the Magistrate do before refusing or rejecting a surety under Section 140 BNSS?▼
Under the proviso to Section 140(1) BNSS 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 record the substance of the evidence adduced.
What does the order under Section 140 BNSS contain, and what is required before a surety previously accepted is rejected?▼
Under Section 140(3) BNSS, if the Magistrate is satisfied, after considering the evidence and the report of the Magistrate deputed under Section 140(1) BNSS, 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 changed from Section 121 CrPC to Section 140 BNSS from 1 July 2024?▼
Section 140 BNSS has the same heading as Section 121 CrPC. Section 140(1) BNSS reads the purposes of the bail bond where Section 121(1) CrPC read the purposes of the bond, and Section 140(3) BNSS reads the purposes of the bail bond where Section 121(3) CrPC read the purposes of the bond. This is a change of form: 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. The rest of the text is the same.
Section 140 BNSS: Sub-sections Explained
Section 140(1) BNSS: Power to reject sureties
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Bare Act Text
(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.
Section 140(2) BNSS: Power to reject sureties
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Bare Act Text
(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.
Section 140(3) BNSS: Power to reject sureties
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·