Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 140: 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.
Brefe Detail
This section outlines the powers of a Magistrate regarding the acceptance and rejection of sureties in the context of bonds. It establishes the procedures for assessing the fitness of a surety and the necessary inquiries that must be conducted before making a decision.
Question & Answers
What authority does a Magistrate have regarding sureties?
A Magistrate can refuse to accept or reject a surety based on their fitness for the bond.
What must the Magistrate do before rejecting a surety?
The Magistrate must hold an inquiry on oath or cause such an inquiry to be held by a subordinate Magistrate.
Are sureties notified before an inquiry is held?
Yes, the Magistrate must give reasonable notice to the surety and the person who offered the surety before the inquiry.
What happens if a surety is deemed unfit?
If deemed unfit, the Magistrate will refuse to accept or reject the surety and must record the reasons for this decision.
Example
1. If a person offers a surety with a questionable background, the Magistrate will conduct an inquiry to assess their fitness.
2. A surety previously accepted can be rejected if new evidence comes to light during an inquiry.
Summary
Section 140 grants Magistrates the authority to evaluate and reject sureties based on their fitness for the bond. It mandates a formal inquiry process and requires documentation of the findings and reasons for any rejection. This ensures a fair assessment of sureties in legal proceedings.
