Code:
(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 or bail 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.
Explanation:
This section deals with the procedure for renewing security when a person, who was previously bound to furnish security under Section 140 or 142, appears before the Magistrate or Court.
Section 143 (1) states that when a person who was required to furnish security under Section 140 (3) or Section 142 (10) appears before the Magistrate or Court, the existing bond is cancelled. The person is then directed to provide new security for the remaining duration of the original bond. This new security must be of the same type as the original security.
Section 143 (2) clarifies that this order of providing fresh security is considered equivalent to an order made under Section 125 or Section 136, depending on the specific circumstances. This means the order is treated as an order for maintaining peace or for the protection of a person, as the case may be.
Illustration:
Imagine Mr. X was ordered to provide security under Section 140 (3) for a period of 6 months. After 3 months, Mr. X appears before the Magistrate. The Magistrate will cancel the existing bond and order Mr. X to provide fresh security for the remaining 3 months. This fresh security will be of the same type as the original security (e.g., a surety bond or personal bond).
Common Questions and Answers:
- Q: What happens if the person fails to provide the fresh security?
A: Failure to provide fresh security as directed by the Magistrate may lead to consequences as outlined in Section 144, which could include imprisonment or other penalties.
- Q: Can the Magistrate modify the type of security required?
A: The Magistrate can modify the type of security if they deem it necessary and appropriate in the given situation, but this must be done with due consideration for the original order and the circumstances of the case.
