Section 121 CrPC: Power to reject sureties

What Section 121 CrPC Says

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.

Source: Section 121, Code of Criminal Procedure, 1973

Section 121 CrPC in Simple Words

When Section 121 CrPC Applies

• 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.

Example of Section 121 CrPC

When Section 121 CrPC Does Not Apply

• Section 121 CrPC 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 122 CrPC.
• Section 121 CrPC 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 123 CrPC.

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