Section 142 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 142 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the authority and procedures for releasing individuals imprisoned due to their failure to provide security under the provisions of the Act. This section is part of Chapter IX, which deals with "Security for Keeping the Peace and for Good Behaviour," and corresponds to Section 116 of the Indian Penal Code (IPC) and Section 116A of the Code of Criminal Procedure (CrPC).
Key Provisions of Section 142
Power to Discharge: The District Magistrate (in cases where an order is passed by an Executive Magistrate under Section 136) or the Chief Judicial Magistrate (in other cases) has the authority to discharge a person imprisoned for failing to provide security if they believe that the individual can be released without posing a risk to the community or any other person.
Modification of Security Terms: The High Court, Court of Session, or the relevant Magistrate may reduce the amount of security, the number of sureties, or the duration for which security is required, even after the person has been imprisoned.
Conditional Discharge: The discharge may be unconditional or subject to conditions accepted by the individual. Any condition imposed ceases to be operative once the period for which security was ordered has expired.
Prescribed Conditions: The State Government may prescribe rules outlining the conditions under which a conditional discharge may be granted.
Cancellation of Discharge: If the conditions of a person's discharge are not fulfilled, the relevant Magistrate may cancel the discharge order.
Re-arrest and Remand: Upon cancellation of the discharge, the individual may be arrested without a warrant and brought before the Magistrate. If the person fails to provide security for the unexpired portion of the original term, they may be remanded to prison to serve the remaining period.
Release on Fresh Security: An individual remanded to prison may be released at any time upon providing fresh security for the unexpired portion of the original term.
Cancellation of Bonds: The High Court or Court of Session may cancel any bond for keeping the peace or for good behaviour executed under this Chapter, for sufficient reasons recorded in writing.
Surety's Application: Any surety for the peaceable conduct or good behaviour of another person may apply to the Court to cancel the bond. The Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.
These provisions aim to balance the need for public safety with the rights of individuals, allowing for flexibility in the enforcement of security-related orders. They ensure that individuals are not unduly punished for their inability to provide security, provided they do not pose a threat to the community.
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