Indian criminal procedure | Updated 17 October 2026

Section 121 CrPC: Power to Reject Sureties

Section 121 of the Code of Criminal Procedure, 1973 governed a Magistrate's power to refuse a proposed surety or reject one already accepted for a peace or good-behaviour bond. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 140 BNSS.

Current legal position: The BNSS came into force on 1 July 2024, replacing the CrPC subject to statutory savings and transitional provisions, including Section 531 BNSS. For new proceedings, consult Section 140 BNSS; pending older proceedings may require examination under the saved CrPC procedure.

Section 121 CrPC - Original statutory provision

(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.

Section 140 BNSS - Current corresponding law

Section 140 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Power to reject sureties", substantially retains the procedure and safeguards of Section 121 CrPC. Its wording refers to a surety's fitness for the purposes of the bail bond.

Under Section 140(1), the Magistrate may decline a proposed surety or reject a previously accepted surety on the ground of unfitness, but only after an inquiry on oath conducted personally or through a subordinate Magistrate who reports on the inquiry.

Section 140(2) requires reasonable notice to the surety and the person offering that surety, together with a record of the substance of the evidence. Section 140(3) requires consideration of the evidence, a reasoned order, and, before rejecting an already accepted surety, a summons or warrant to secure the appearance of the person for whom the surety stands bound.

Read the officially hosted BNSS text (BPR&D, Section 140) and the Ministry of Home Affairs criminal laws portal.

Meaning of a surety and the Magistrate's power

A surety is a person who undertakes obligations under a bond or bail bond in support of another person's compliance with legal conditions. In proceedings concerning security for keeping the peace or maintaining good behaviour, the Magistrate must assess whether the proposed surety is suitable for the particular obligation.

The statute does not provide an automatic right to acceptance of every proposed surety. Equally, a surety cannot be rejected merely by an unexplained assertion of unfitness: the prescribed inquiry and safeguards must be followed.

Procedure for rejecting a surety

Identify the concern: The Magistrate considers whether the proposed or existing surety is unfit for the purposes of the relevant bond.
Conduct an inquiry on oath: The Magistrate holds the inquiry or delegates it to a subordinate Magistrate for a report.
Give reasonable notice: Both the surety and the person who offered the surety must receive notice before the inquiry.
Record the evidence: The substance of evidence adduced must be recorded and evaluated.
Pass a reasoned order: Refusal or rejection must be supported by reasons recorded in the order.
Additional protection for an accepted surety: Before rejecting a surety already accepted, the Magistrate must issue summons or a warrant to bring the person for whom the surety is bound before the court.

Important procedural safeguards

Notice and participation: The affected surety and the person offering the surety must have reasonable notice of the inquiry.
Evidence-based decision: The Magistrate must consider the evidence and any subordinate Magistrate's report.
Recorded reasons: A decision of unfitness must be explained in writing.
Previously accepted sureties: A further summons-or-warrant safeguard applies before rejection.

Whether a particular surety is fit depends on the circumstances and evidence; Section 140 does not set a universal financial threshold or prescribe an exhaustive list of disqualifications.

CrPC provision	Corresponding BNSS provision	Subject
Section 120	Section 139	Contents of bond
Section 121	Section 140	Power to reject sureties
Section 122	Section 141	Imprisonment in default of security
Section 123	Section 142	Power to release persons imprisoned for failing to give security

Frequently asked questions

Can a Magistrate reject a surety without an inquiry?

No. Section 121 CrPC and Section 140 BNSS require an inquiry on oath, either by the Magistrate or through a subordinate Magistrate, before refusal or rejection.

Must the Magistrate give reasons for rejecting a surety?

Yes. The Magistrate must consider the evidence and record reasons in the order finding the surety unfit.

Can a previously accepted surety be rejected?

Yes, subject to the statutory inquiry, notice, recorded reasons and the additional requirement to summon or bring before the court the person for whom the surety stands bound.

Which provision applies after 1 July 2024?

Section 140 BNSS is the corresponding current provision. For a proceeding pending before commencement, the savings clause in Section 531 BNSS and the circumstances of that proceeding must be considered.

Official legal references

Disclaimer: This article is general legal information. For case-specific advice, consult a qualified legal professional and the applicable statutory text and court orders.