CrPC Section 121: Power to Reject Sureties
This section of the Code of Criminal Procedure, 1973 grants the Magistrate the power to reject sureties presented for a person accused of an offense.
1. Code
Section 121: Power to reject sureties.
The Magistrate may, for reasons to be recorded, reject any surety, if he is of opinion that such surety is-
- not a fit person to be surety;
- unable to give the required security;
- not a person of sufficient means to be able to pay the amount of the bond;
- likely to be unable to produce the accused person in accordance with the terms of the bond;
- or for any other sufficient reason.
2. Explanation
This section empowers the Magistrate to exercise his discretion in evaluating the suitability of the sureties presented for the accused. The Magistrate’s decision must be based on valid reasons and recorded in writing.
3. Illustration
Suppose a person is accused of a serious offense and presents a surety who is known to be insolvent and has a history of criminal activity. In this case, the Magistrate may reject the surety under Section 121, as he may deem the surety unfit and unable to fulfill the obligations of the bond.
4. Common Questions and Answers
Q: What are the grounds for rejecting a surety?
A: The grounds for rejecting a surety are enumerated in Section 121 itself. The Magistrate can reject the surety if they are deemed unfit, unable to provide the security, lack sufficient means, are likely to fail in producing the accused, or for any other valid reason.
Q: Is the Magistrate’s decision to reject a surety final?
A: No, the accused person can appeal against the Magistrate’s decision to reject the surety in a higher court.
Q: What if the surety is rejected, and the accused cannot afford bail?
A: In such a scenario, the accused may be remanded to judicial custody until the next hearing of the case.
