Section 141 BNSS: Imprisonment in default of security
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 141 BNSS at a Glance
Section 141 BNSS deals with imprisonment in default of security. It replaced Section 122 CrPC on 1 July 2024.
Section 141 BNSS Bare Act Text
(1) (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it;
(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs.
Source: Section 141, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 141 BNSS in Simple Words
Section 141 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with imprisonment in default of security. Under Section 141(1)(a) BNSS, a person ordered to give security under Section 125 BNSS or Section 136 BNSS must give it on or before the date on which the security period begins. If the person does not, the person shall be committed to prison, or kept in prison if already there, except in the case that Section 141(1)(b) BNSS covers. The detention lasts until the period expires, or until the person gives the security within that period to the Court or Magistrate who made the order. Under Section 141(1)(b) BNSS, a person may have executed a bond or bail bond for keeping the peace under an order of a Magistrate under Section 136 BNSS. If breach of the bond or bail bond is proved to the satisfaction of that Magistrate or the successor-in-office, either may order the person to be arrested and detained in prison. The order is made after recording the grounds of that proof, and the detention lasts until the period of the bond or bail bond expires. Such an order is without prejudice to any other punishment or forfeiture to which the person may be liable in accordance with law.
Under Section 141(2) BNSS, where a Magistrate has ordered security for a period exceeding one year and it is not given, the Magistrate shall issue a warrant. The warrant directs that the person be detained in prison pending the orders of the Sessions Judge, and the proceedings shall be laid before that Court as soon as conveniently may be. Under Section 141(3) BNSS, the Sessions Judge may pass such order on the case as the Sessions Judge thinks fit. The order can be passed only after examining the proceedings and requiring from the Magistrate any further information or evidence the Sessions Judge thinks necessary. The person concerned must also first be given a reasonable opportunity of being heard. The proviso says that any imprisonment for failure to give security shall not exceed three years. Section 141(4) BNSS covers security required in the same proceeding from two or more persons, where the case of one of them is referred to the Sessions Judge. The reference shall also include the case of any other of those persons who has been ordered to give security.
Section 141(2) BNSS and Section 141(3) BNSS then apply to that other person too, but that person's imprisonment shall not exceed the period for which security was ordered. Under Section 141(5) BNSS, a Sessions Judge may in the discretion of the Sessions Judge transfer proceedings laid under Section 141(2) BNSS or Section 141(4) BNSS to an Additional Sessions Judge. On transfer, that Judge may exercise the powers of a Sessions Judge under Section 141 BNSS for those proceedings. Under Section 141(6) BNSS, the security may be tendered to the officer in charge of the jail. The officer shall then forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of that Court or Magistrate. Under Section 141(7) BNSS, imprisonment for failure to give security for keeping the peace shall be simple. Under Section 141(8) BNSS, imprisonment for failure to give security for good behaviour shall be simple where the proceedings were taken under Section 127 BNSS. Where they were taken under Section 128 BNSS or Section 129 BNSS, it shall be rigorous or simple as the Court or Magistrate in each case directs.
When Section 141 BNSS Applies
- Under Section 141(1)(a) BNSS, if any person ordered to give security under Section 125 BNSS or Section 136 BNSS does not give such security on or before the date on which the period for which such security is to be given commences, the person shall be committed to prison, or, if already in prison, be detained in prison until such period expires or until within such period the person gives the security.
- Under Section 141(1)(b) BNSS, if a person who has executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under Section 136 BNSS is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, the Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond.
- Under Section 141(2) BNSS, when a person has been ordered by a Magistrate to give security for a period exceeding one year and does not give such security, the Magistrate shall issue a warrant directing the person to be detained in prison pending the orders of the Sessions Judge.
- Under Section 141(3) BNSS the Sessions Judge, after examining the proceedings, requiring from the Magistrate any further information or evidence which it thinks necessary, and giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit.
- Under Section 141(4) BNSS, if security has been required in the course of the same proceeding from two or more persons, a reference to the Sessions Judge in respect of any one of them shall also include the case of any other of such persons who has been ordered to give security.
- Under Section 141(5) BNSS a Sessions Judge may in his discretion transfer any proceedings laid before him under Section 141(2) BNSS or Section 141(4) BNSS to an Additional Sessions Judge, who may exercise the powers of a Sessions Judge under Section 141 BNSS in respect of such proceedings.
- Under Section 141(6) BNSS, if the security is tendered to the officer in charge of the jail, the officer shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
Time Limits Under Section 141 BNSS
- Under Section 141(1)(a) BNSS the security is to be given on or before the date on which the period for which such security is to be given commences.Act text: “on or before the date on which the period for which such security is to be given commences”
- Under Section 141(2) BNSS, when security is ordered for a period exceeding one year, the proceedings shall be laid, as soon as conveniently may be, before the Court of the Sessions Judge.Act text: “the proceedings shall be laid, as soon as conveniently may be, before such Court”
- Under the proviso to Section 141(3) BNSS the period for which any person is imprisoned for failure to give security shall not exceed three years.Act text: “the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years”
- Under Section 141(6) BNSS the officer in charge of the jail shall forthwith refer the matter to the Court or Magistrate who made the order when the security is tendered.Act text: “he shall forthwith refer the matter to the Court or Magistrate who made the order”
Example of Section 141 BNSS
When Section 141 BNSS Does Not Apply
- Section 141 BNSS speaks of imprisonment in default of security. 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 141 BNSS speaks of a person ordered to give security who does not give it. It does not deal with the power to reject a surety offered, which is the subject of Section 140 BNSS.
Section 141 BNSS in the CrPC (Previous Law)
Section 141 BNSS replaced Section 122 CrPC from 1 July 2024.
Section 122 CrPC is found in Section 141 BNSS from 1 July 2024, with the same heading. Section 141(1)(a) BNSS refers to Section 125 BNSS and Section 136 BNSS where Section 122(1)(a) CrPC referred to Section 106 CrPC and Section 117 CrPC. Section 141(1)(b) BNSS refers to Section 136 BNSS where Section 122(1)(b) CrPC referred to Section 117 CrPC, and reads bond or bail bond where Section 122(1)(b) CrPC read a bond, with or without sureties, a change of form. Section 141(5) BNSS names an Additional Sessions Judge and has no counterpart to the words Assistant Sessions Judge in Section 122(5) CrPC. Section 141(8) BNSS refers to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS where Section 122(8) CrPC referred to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. Section 141(2) BNSS, Section 141(3) BNSS, Section 141(4) BNSS, Section 141(6) BNSS and Section 141(7) BNSS carry the same words as Section 122(2) CrPC, Section 122(3) CrPC, Section 122(4) CrPC, Section 122(6) CrPC and Section 122(7) CrPC.
Each sub-section below names its own source.
FAQs on Section 141 BNSS
What happens under Section 141 BNSS if a person ordered to give security does not give it?▼
Under Section 141(1)(a) BNSS, if any person ordered to give security under Section 125 BNSS or Section 136 BNSS does not give such security on or before the date on which the period for which such security is to be given commences, the person shall, except in the case that Section 141(1)(b) BNSS covers, be committed to prison, or, if already in prison, be detained in prison until such period expires or until within such period the person gives the security to the Court or Magistrate who made the order requiring it.
What may a Magistrate order under Section 141 BNSS on breach of a bond or bail bond for keeping the peace?▼
Under Section 141(1)(b) BNSS, if a person who has executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under Section 136 BNSS is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, the Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond. The order is without prejudice to any other punishment or forfeiture to which the person may be liable in accordance with law.
What does Section 141 BNSS provide where security is ordered for a period exceeding one year, and for how long may imprisonment last?▼
Under Section 141(2) BNSS, when a person has been ordered by a Magistrate to give security for a period exceeding one year and does not give such security, the Magistrate shall issue a warrant directing the person to be detained in prison pending the orders of the Sessions Judge. Under the proviso to Section 141(3) BNSS the period for which any person is imprisoned for failure to give security shall not exceed three years. Under Section 141(7) BNSS imprisonment for failure to give security for keeping the peace shall be simple. Under Section 141(8) BNSS imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under Section 127 BNSS, be simple, and, where the proceedings have been taken under Section 128 BNSS or Section 129 BNSS, be rigorous or simple as the Court or Magistrate in each case directs.
What changed from Section 122 CrPC to Section 141 BNSS from 1 July 2024?▼
From 1 July 2024, Section 141 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 122 of the Code of Criminal Procedure, 1973. Section 141 BNSS has the same heading as Section 122 CrPC. Section 141(1)(a) BNSS refers to Section 125 BNSS and Section 136 BNSS where Section 122(1)(a) CrPC referred to Section 106 CrPC and Section 117 CrPC. Section 141(1)(b) BNSS refers to Section 136 BNSS where Section 122(1)(b) CrPC referred to Section 117 CrPC. Section 141(1)(b) BNSS reads a bond or bail bond, breach of the bond or bail bond, and the period of the bond or bail bond, where Section 122(1)(b) CrPC read a bond, with or without sureties, breach of the bond, and the period of the bond. The bond or bail bond wording is a change of form: Section 2(1)(e) BNSS defines a bond as a personal bond or undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. Section 141(5) BNSS names an Additional Sessions Judge and has no counterpart to the words Assistant Sessions Judge, which appear twice in Section 122(5) CrPC. Section 141(8) BNSS refers to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS where Section 122(8) CrPC referred to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. The rest of the text is the same.
Section 141 BNSS: Sub-sections Explained
Section 141(1) BNSS: Imprisonment in default of security
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Bare Act Text
(1) (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it;
(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
Section 141(2) BNSS: Imprisonment in default of security
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Bare Act Text
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.
Section 141(3) BNSS: Imprisonment in default of security
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Bare Act Text
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
Section 141(4) BNSS: Imprisonment in default of security
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Bare Act Text
(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
Section 141(5) BNSS: Imprisonment in default of security
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Bare Act Text
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
Section 141(6) BNSS: Imprisonment in default of security
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Bare Act Text
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
Section 141(7) BNSS: Imprisonment in default of security
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Bare Act Text
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
Section 141(8) BNSS: Imprisonment in default of security
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Bare Act Text
(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·