Section 142 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Power To Release Persons Imprisoned For Failing To Give Security.

1. Discharge by Magistrate:
   • 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 the opinion that a person imprisoned for failing to give security under this Chapter may be released without hazard to the community or any other person, he may order such person to be discharged.
2. Reduction of Security:
   • Whenever a person has been imprisoned for failing to give security under this Chapter, the High Court, Court of Session, or, where the order was made by any other Court, 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 c9ase) may make an order:
     • Reducing the amount of the security,
     • Reducing the number of sureties,
     • Reduce the duration of required security.
3. Conditional Discharge:
   • An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts. The conditions imposed on person will cease to be operative when the period is over.
4. State Government Conditions:
   • The State Government may set the conditions for granting a conditional discharge.
5. Cancellation of Conditional Discharge:
   • If any condition upon which any person has been discharged is, in the opinion of 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), not fulfilled, the Magistrate may cancel the same.
6. Arrest on Cancellation:
   • When a conditional order of discharge has been canceled under sub-section (5), such person may be arrested by any police officer without warrant and shall 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. Remand to Prison:
   • 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), 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) may remand such person to prison to undergo the unexpired portion.
8. Release on Security:
   • A person remanded to prison under sub-section (7) shall, subject to the provisions of section 141. It is in accordance with the terms of the original order for the unexpired portion to the Court. Release can be at anytime for security.
9. Cancellation of Bond by Court:
   • 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, may cancel the bond if it was executed under his order or the order of any other court in his district.
10. Application by Surety for Cancellation:

• • 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 an order to cancel the bond.

Explanation: On Power To Release Persons Imprisoned For Failing To Give Security

This section deals with the release and cancellation of security bonds. It outlines the procedures for releasing individuals from imprisonment for failing to provide security, reducing the security amount, and canceling existing bonds.

This section outlines how various authorities can release or cancel security bonds imposed on individuals considered a threat to peace or good behavior.

• Discharge without Hazard: District Magistrates (for orders by Executive Magistrates under Section 136) or Chief Judicial Magistrates (for other cases). They  can discharge individuals imprisoned for failing to provide security. This is if they believe the individual’s release poses no risk to the community.
• Reduction of Security: High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates. They can reduce the amount of security required, the number of sureties. It can also be the duration of the security period.
• Conditional Discharge:
• Authorities can release individuals either without conditions or with conditions that they agree to.
• These conditions cease to be operative when the security period expires. The State Government has the authority to prescribe these conditions.
• Cancellation of Conditional Discharge: If an individual fails to fulfill a condition of discharge, the relevant authority can cancel the discharge. This may lead to the individual’s arrest without warrant.
• Remand to Prison: A conditionally discharged individual may fail to provide security.
• Therefore, authorities can remand them back to prison for the remaining portion of the original term.
• Cancellation of Bonds: High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates can cancel bonds. This is for keeping the peace or good behavior for sufficient reasons.
• Surety Cancellation: Sureties (individuals who guarantee another person’s good behavior) can apply to the relevant court to cancel the bond.

Illustration:

When authorities arrest a person, they order them to provide security for good behavior for one year.

Authorities imprison individuals who fail to provide the required security.

After a few months, the District Magistrate, after considered the individual’s behavior. He decides that their release would not pose a risk. The Magistrate can then order their discharge under subsection (1).

Common Questions and Answers: on Power To Release Persons Imprisoned For Failing To Give Security

Q: Who has the authority to release an individual imprisoned for failing to provide security?

A: District Magistrates (for orders by Executive Magistrates under Section 136). It can also be the Chief Judicial Magistrates (for other cases) have this authority.

Q: Is Reduction of the required amount of security possible?

A: Yes, High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates can reduce the amount, sureties, or duration.

Q: What happens if an individual fails to meet the conditions of their conditional discharge?

A: Authorities can cancel the discharge, resulting in the individual’s arrest and possible remand to prison.

Q: Can a surety cancel a bond?

A: Yes, a surety can apply to the court for cancellation of the bond.