CrPC Section 121: Power to reject sureties
Code of Criminal Procedure, 1973 · Chapter 8: Security for keeping the peace and for good behavior
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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 surely, he shall either himself hold an enquiry 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 106. Security for keeping the peace on conviction
- 107. Security for keeping the peace in other cases
- 108. Security for good behaviour from persons disseminating seditious matters
- 109. Security for good behaviour from suspected persons
- 110. Security for good behaviour from habitual offenders
- 111. Order to be made
- 112. Procedure in respect of person present in Court
- 113. Summons or warrant in case of person not so present
- 114. Copy of order to accompany summons or warrant
- 115. Power to dispense with personal attendance
- 116. Inquiry as to truth of information
- 117. Order to give security
- 118. Discharge of person informed against
- 119. Commencement of period for which security is required
- 120. Contents of bond
- 122. Imprisonment in default of security
- 123. Power to release persons imprisoned for failing to give security
- 124. Security for unexpired period of bond