Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 141: Imprisonment in default of security.
(1) (a) If any person ordered to give security under section 127 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, with or without sureties 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, 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 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.
Brefe Detail
This section outlines the conditions under which a person may be imprisoned for failing to provide security as ordered by a Magistrate. It details the procedures for such imprisonment, the types of bonds required, and the roles of various judicial authorities in the process.
Question & Answers
What happens if a person fails to give security as ordered?
If a person does not provide the required security, they may be committed to prison until they comply or until the period for which the security is required expires.
What type of imprisonment is applicable for failing to give security for keeping the peace?
Imprisonment for failure to give security for keeping the peace shall be simple.
Can a Sessions Judge transfer proceedings?
Yes, a Sessions Judge may transfer proceedings to an Additional Sessions Judge.
What is the maximum imprisonment period for failing to give security?
The period for which any person is imprisoned for failure to give security shall not exceed three years.
What happens if a person breaches a bond they executed?
If a person breaches a bond, the Magistrate may order their arrest and detention in prison until the expiry of the bond period.
Example
- Example 1: If a person is ordered to provide security for one year and fails to do so, they can be committed to prison for that year.
- Example 2: A person who executed a bond for good behavior but later commits an offense can be arrested and held in prison until the bond expires.
Summary
Section 141 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the rules and procedures for imprisoning individuals who fail to provide security as mandated by a Magistrate. It specifies conditions for imprisonment, the roles of judicial authorities, and the types of bonds involved. The section aims to ensure compliance with security orders while protecting the rights of individuals involved.
