Introduction to Section 142 BNSS / Authority to Release Jailed Persons for Not Giving Security
Section 142 BNSS deals with the power of the authorities to release a person who is in jail for failing to provide a security bond. Sometimes, courts ask a person to give a security amount or surety to ensure peace or good behaviour. If that person cannot arrange it, they may be sent to jail. This section allows specific officials—like the District Magistrate, Chief Judicial Magistrate, or even higher courts—to release such people under certain conditions if it’s safe for the public.
What is BNSS Section 142 ?
BNSS Section 142 allows the release of persons imprisoned for not furnishing the required security bond under Chapter IX. This section helps avoid unnecessary jail time when the person no longer poses a threat to society or another individual. It ensures a fair balance between public safety and individual liberty.
BNSS Section of 142 in Simple Points
1. Release Based on Public Safety
Authorities like the District Magistrate or Chief Judicial Magistrate can release a person jailed for not giving a security bond if they believe it won’t endanger the community or any individual. This decision must be taken carefully by assessing the behaviour of the person and the reason behind the original order. It ensures that jail is not misused and is reserved for serious offenders, not people who simply couldn’t afford or manage a security bond. This prevents unnecessary burden on jails and allows fair treatment of individuals. The main aim is to protect both society and the rights of the accused. This kind of provision also avoids overcrowding in jails. It’s a crucial step in ensuring justice is not delayed due to poverty.
2. Court Can Reduce Security Terms
The law allows higher courts or magistrates to reduce the amount, time, or number of sureties required for security. This is especially helpful if the original terms were too strict or the person has shown improved behaviour. It ensures the system remains flexible and fair. Sometimes a person genuinely can’t afford to pay or find sureties. In such cases, reducing the burden helps them come out of jail faster. It prevents unnecessary punishment just because of financial limits. This also supports the idea that justice should not depend on wealth. Thus, courts can act with compassion and reason.
3. Conditional Release with Rules
A person can be released either unconditionally or conditionally. If released with conditions, those rules must be followed during the time mentioned in the original security order. The conditions are decided by the court and must be accepted by the individual before release. This allows officials to balance safety with freedom. If the person follows all conditions properly, they remain free. If not, the legal system takes action. This ensures responsible freedom and accountability. It gives the person a chance to stay out of jail and still show good behaviour.
4. Violation Leads to Rearrest
If a person breaks the condition of their release, they can be rearrested without a warrant. The Magistrate who issued the order (or their successor) can cancel the conditional discharge. The police can then arrest the person and bring them back to the court. This ensures that the legal rules are respected. If someone misuses the benefit of release, they face consequences. It discourages dishonest behaviour and protects public safety. This power also gives the court the authority to keep peace in society.
5. Right to Security-Based Re-Release
Even after being rearrested, a person has a chance to be released again by providing the required security for the remaining time of their original order. This shows the legal system gives multiple chances for rehabilitation. The person must now give the bond as initially ordered, covering only the time left from the original sentence. This keeps the punishment fair and doesn’t overburden the person. It helps in maintaining justice and gives the person a chance to correct their behaviour again. The High Court or Court of Session can also cancel such bonds if there is a valid reason.
Section 142 of BNSS Overview
BNSS Section 142 allows authorities like the District Magistrate or Chief Judicial Magistrate to release individuals who are imprisoned for not furnishing a security bond. If the person is no longer a threat to public safety, they can be conditionally or unconditionally released. This helps prevent unnecessary imprisonment due to financial or practical limitations.
10 Detailed Key Points of BNSS Section 142
1. Power to Release Without Risk to Society
If a person is in jail because they failed to give security as ordered, the District Magistrate (in case of orders by an Executive Magistrate under Section 136) or the Chief Judicial Magistrate (in other cases) can release the person. This release can only happen if the magistrate believes that the person will not be a danger to society or anyone else. This ensures that people are not kept in jail unnecessarily when they no longer pose a threat.
2. Courts Can Reduce Security Conditions
Sometimes, the amount of security, the number of sureties, or the time period required can be too strict. In such cases, the High Court, Sessions Court, District Magistrate, or Chief Judicial Magistrate can reduce these conditions. This allows a fair chance for people to get out of jail if the original terms were too hard for them to fulfill.
3. Conditional or Unconditional Release
A magistrate can release the person either with no conditions or with certain conditions that the person agrees to. This is known as conditional discharge. However, if the total period for which the security was ordered ends, then any conditions given at the time of release also end automatically.
4. State Government Can Set Rules
The State Government has the authority to create rules regarding the conditions under which a person can be conditionally released. These rules help guide the courts and magistrates in taking decisions consistently and fairly.
5. Discharge Can Be Cancelled If Conditions Are Broken
If a person who was released conditionally breaks the rules or terms set at the time of release, then the District Magistrate or Chief Judicial Magistrate who ordered the discharge (or their successor) can cancel the release. This helps ensure that people follow the conditions honestly.
6. Arrest After Cancellation of Discharge
Once the discharge is cancelled, the person can be arrested again without a warrant by any police officer. After arrest, the person must be taken to the magistrate who had originally passed the order or their current replacement. This makes sure the legal process is followed quickly and fairly.
7. Jail Again If Security Is Not Given After Breach
If the arrested person still does not give the required security, the magistrate can send them back to jail for the remaining period. The remaining time is calculated from the date the condition was broken to the date the person would have been released if not discharged. This ensures fair punishment based on the unserved term.
8. Right to Release Anytime on Giving Security
Even after being sent back to jail, the person has the right to be released anytime if they provide the originally required security for the rest of the term. The security must be given to the court or magistrate who gave the original order or their successor. This provides a clear way to exit prison legally.
9. High Court or Session Court Can Cancel Any Bond
The High Court or Sessions Court has the power to cancel any bond (for peace or good behaviour) if they have valid reasons. They must record these reasons in writing. Similarly, the District Magistrate or Chief Judicial Magistrate can cancel bonds executed under their authority or by any court in their district.
10. Surety Can Request to Cancel Bond
A person who has acted as a surety (guarantee provider) for someone can apply to the court to cancel the bond. After receiving such a request, the court will summon or arrest the main person and bring them before the court. This allows sureties to withdraw if they no longer trust the person they guaranteed.
Examples of BNSS Section 142
Example 1:
Ramesh was ordered to give a security bond of ₹10,000 for good behaviour, but he couldn’t manage it. He was sent to jail. After two months, the Chief Judicial Magistrate observed that Ramesh behaved well in prison and was no longer a threat. He ordered Ramesh’s release without any condition.
Example 2:
Sunil was jailed for failing to furnish a peace bond. Later, he got released on the condition that he should not enter a certain village. After violating that condition, the magistrate cancelled his release. He was rearrested. Sunil later arranged the security bond and was again released for the remaining time.
Section 142 of BNSS Short Information
| S.No | Key Point | Explanation |
|---|---|---|
| 1 | Authority to Release | Magistrates can release someone imprisoned for not providing security. |
| 2 | Conditional or Unconditional Discharge | Release can be granted with or without conditions. |
| 3 | Rules by State Government | The State can set rules for conditional release. |
| 4 | Re-arrest on Breach | If conditions are broken, the person can be re-arrested without a warrant. |
| 5 | High Courts Can Cancel Bonds | High Courts or Sessions Courts can cancel peace/good behaviour bonds. |
Why BNSS Section 142 is Needed?
- To Prevent Unnecessary Jail Time
This section helps release people who are not dangerous to society but are in jail only because they couldn’t provide security. - To Offer Second Chances
It gives people an opportunity to improve their conduct by following certain conditions instead of staying behind bars. - To Reduce Jail Overcrowding
By allowing early or conditional release, the law helps reduce pressure on jails. - To Empower Magistrates and Higher Courts
The section allows courts and magistrates to review and change security conditions as needed for fairness. - To Maintain Public Order and Safety
If released individuals break conditions, the section ensures legal action through arrest and re-imprisonment.
BNSS Section 142 FAQs
BNSS 142
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