CRPC §121BNSS §140

Power to reject sureties

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §121
Power to reject sureties

121. Power to reject sureties.—(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond: Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

New law
BNSS §140
Power to

140.

(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

What changedAI-inferred

Power to reject sureties.

Old position

CrPC 121 is concerned with Power to reject sureties. Power to reject sureties

New position

BNSS 140 preserves the framework with drafting modernisations as required by the new code. Topic: Power to. A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided

BNSS 140 (Power to) preserves the framework of CrPC 121. BNSS 140 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 140 text: A Magistrate may refuse to accept any surety offered, or may reject...

Editorial deltaAI-indicated (source-linked)

BNSS 140 (Power to) preserves the framework of CrPC 121. BNSS 140 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 140 text: A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 121 continues to apply. For matters from that date forward, BNSS 140 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 140 (Power to). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §121 → BNSS §140 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/121.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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