CrPC Section 121 — Power to reject sureties

Summary

Sub-section (1) allows a Magistrate to refuse a proposed surety or reject one previously accepted by that Magistrate or a predecessor under this Chapter, if the surety is unfit for the purposes of the bond. Before doing so, the Magistrate must either hold an inquiry on oath into the surety’s fitness or have a subordinate Magistrate hold the inquiry and report on it.

Sub-section (2) requires the Magistrate, before holding the inquiry, to give reasonable notice to the surety and to the person who offered the surety. During the inquiry, the Magistrate must record the substance of the evidence given.

Sub-section (3) requires the Magistrate, if satisfied from the evidence and any report from a deputed Magistrate that the surety is unfit for the purposes of the bond, to refuse or reject the surety and record the reasons. Before rejecting a surety who was previously accepted, the Magistrate must issue a summons or warrant, as the Magistrate thinks fit, and cause the person for whom the surety is bound to appear or be brought before the Magistrate.

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 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 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.

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §124 — Security for unexpired period of bond
• CrPC §360 — Order to release on probation of good conduct or after admonition
• CrPC §373 — Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

Old <-> New Code Mapping

• BNSS §140 — Power to reject sureties