Section 142 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)
142. (1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original
order for the unexpired portion of the term for which he was in the first instance committed
or ordered to be detained (such portion being deemed to be a period equal to the period
between the date of the breach of the conditions of discharge and the date on which, except
for such conditional discharge, he would have been entitled to release), District Magistrate,
in the case of an order passed by an Executive Magistrate under section 136, or the Chief
Judicial Magistrate in any other case may remand such person to prison to undergo such
unexpired portion.
(8) A person remanded to prison under sub-section (7) shall, subject to the provisions
of section 141, be released at any time on giving security in accordance with the terms of the
original order for the unexpired portion aforesaid to the Court or Magistrate by whom such
order was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be
recorded in writing, cancel any bond for keeping the peace or for good behaviour executed
under this Chapter by any order made by it, and District Magistrate, in the case of an order
passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in
any other case may make such cancellation where such bond was executed under his order
or under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person
ordered to execute a bond under this Chapter may at any time apply to the Court making
such order to cancel the bond and on such application being made, the Court shall issue a
summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to
appear or to be brought before it.
Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh
+91-9463742964
advanoopverma@gmail.com