Section 124 CrPC: Security for unexpired period of bond
Code of Criminal Procedure, 1973
Section 124 CrPC at a Glance
Section 124 CrPC deals with security for unexpired period of bond. From 1 July 2024 it is replaced by Section 143 BNSS.
What Section 124 CrPC Says
124. Security for unexpired period of bond
(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.
(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order made under section 106 or section 117, as the case may be.
Source: Section 124, Code of Criminal Procedure, 1973
Section 124 CrPC in Simple Words
Section 124 of the Code of Criminal Procedure, 1973 deals with security for the unexpired period of a bond.
When a person for whose appearance a summons or warrant has been issued under the proviso to Section 121(3) CrPC or under Section 123(10) CrPC appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by the person and shall order the person to give, for the unexpired portion of the term of the bond, fresh security of the same description as the original security.
Under Section 124(2) CrPC, every such order is deemed to be an order made under Section 106 CrPC or Section 117 CrPC, as the case may be, for the purposes of Section 120 CrPC to Section 123 CrPC.
When Section 124 CrPC Applies
- Section 124(1) CrPC applies to a person for whose appearance a summons or warrant has been issued under the proviso to Section 121(3) CrPC or under Section 123(10) CrPC.
- Section 124(1) CrPC applies once that person appears or is brought before the Magistrate or Court.
- The Magistrate or Court shall cancel the bond executed by the person and shall order the person to give fresh security of the same description as the original security.
- Under Section 124(2) CrPC, every such order is deemed to be an order made under Section 106 CrPC or Section 117 CrPC, as the case may be, for the purposes of Section 120 CrPC to Section 123 CrPC, both inclusive.
Time Limits Under Section 124 CrPC
- Under Section 124(1) CrPC, the fresh security is ordered for the unexpired portion of the term of the bond.Act text: “for the unexpired portion of the term of such bond”
Example of Section 124 CrPC
When Section 124 CrPC Does Not Apply
- Section 124(1) CrPC speaks of a person for whose appearance a summons or warrant has been issued under the proviso to Section 121(3) CrPC or under Section 123(10) CrPC. It does not deal with a summons or warrant issued to an accused person to answer a charge.
- Section 124(2) CrPC speaks of an order for fresh security being deemed an order made under Section 106 CrPC or Section 117 CrPC. It does not deal with the making of the first order to give security, which is made under Section 106 CrPC or Section 117 CrPC.
Section 124 CrPC Under BNSS 143: What Changed
Section 124 CrPC is now covered under Section 143 BNSS.
From 1 July 2024, Section 124 of the Code of Criminal Procedure, 1973 is found in Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 143(1) BNSS reads the bond or bail bond where Section 124(1) CrPC read the bond, a difference of form because Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety and Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety. The other differences are cross-references: Section 140(3) BNSS and Section 142(10) BNSS for Section 121(3) CrPC and Section 123(10) CrPC, Section 139 BNSS to Section 142 BNSS for Section 120 CrPC to Section 123 CrPC, and Section 125 BNSS or Section 136 BNSS for Section 106 CrPC or Section 117 CrPC.
View detailed comparison (CrPC 124 vs BNSS 143) →FAQs on Section 124 CrPC
When must a Magistrate or Court cancel a bond under Section 124 CrPC?▼
Under Section 124(1) CrPC, the Magistrate or Court shall cancel the bond executed by a person for whose appearance a summons or warrant has been issued under the proviso to Section 121(3) CrPC or under Section 123(10) CrPC, when the person appears or is brought before the Magistrate or Court. The Magistrate or Court shall also order the person to give fresh security.
What kind of fresh security can be ordered under Section 124(1) CrPC and for how long?▼
Under Section 124(1) CrPC, the Magistrate or Court shall order the person to give, for the unexpired portion of the term of the bond, fresh security of the same description as the original security.
How is an order for fresh security treated under Section 124(2) CrPC?▼
Under Section 124(2) CrPC, every such order is deemed to be an order made under Section 106 CrPC or Section 117 CrPC, as the case may be, for the purposes of Section 120 CrPC to Section 123 CrPC, both inclusive.
Where is Section 124 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 124 CrPC is found in Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 124(1) CrPC is found in Section 143(1) BNSS and Section 124(2) CrPC in Section 143(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·