BNSS Section 140 — Power to reject sureties

CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Criminal

Summary

A Magistrate can refuse to accept a new surety or reject a surety they or a previous Magistrate had already accepted, if they believe the surety is unfit for the bail bond. Before doing this, the Magistrate must hold an inquiry under oath about the surety’s fitness, or have a subordinate Magistrate hold the inquiry and report back. The Magistrate must give reasonable notice of the inquiry to the surety and the person who offered them, and record the key evidence presented. If the Magistrate decides the surety is unfit after considering the evidence and report, they must issue a written order with their reasons, and before rejecting a previously accepted surety, they must summon or arrest the person who was bailed to bring them to court.

Official Text

(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 bail 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 bail 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.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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