Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 143: 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 140 or under sub-section (10) of section 142, 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 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be.
Brefe Detail
Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for individuals who have had a summons or warrant issued against them. If such a person appears before the Magistrate or Court, their previously executed bond is canceled, and they are required to provide fresh security for the unexpired term of that bond.
Question & Answers
What happens when a person appears after a summons or warrant?
When a person appears after a summons or warrant has been issued, the Magistrate or Court will cancel their existing bond and require them to provide new security for the unexpired portion of the term.
Is the fresh security the same as the original?
Yes, the fresh security must be of the same description as the original security.
What is the legal significance of the order made under this section?
The order is considered as made under section 125 or section 136, impacting the related legal provisions.
Example
1. If a person is summoned to court and has a bond for good behavior but does not fulfill the conditions, upon appearing in court, their original bond will be canceled, and they must provide a new bond for the remaining period.
2. A person who was initially required to provide a bond for one year and had a summons issued will have their bond canceled and will be required to provide a new bond covering the remaining time.
Summary
Section 143 establishes a protocol for individuals who must appear before a Magistrate or Court after a summons or warrant. It ensures that individuals maintain their obligation to provide security for the unexpired period of their bond, thus reinforcing the legal framework around compliance with bond conditions.
