Section 124 CrPC: Security for Unexpired Period of Bond
Section 124 of the Code of Criminal Procedure, 1973 explains when an existing security bond must be cancelled and replaced with fresh security for the balance of its original term. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 143.
Section 124 CrPC - Original statutory text
Security for unexpired period of bond
(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.
(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order made under section 106 or section 117, as the case may be.
What does Section 124 CrPC mean?
The provision deals with replacement security where a surety is rejected or seeks cancellation of a bond. Its purpose is to maintain the security required by the original order while ensuring that the person concerned is brought before the competent court or Magistrate.
When does the provision apply?
It operates in two situations: when a person is summoned or brought before the court following the proposed rejection of a previously accepted surety under the proviso to Section 121(3) CrPC; or when a surety applies for cancellation under Section 123(10) CrPC.
What must the court do?
Once the person appears or is produced, the court or Magistrate cancels the existing bond and orders fresh security of the same description for only the unexpired portion of the original term. The provision does not, by itself, authorise extending the original period.
Effect of the fresh-security order
Under subsection (2), the fresh-security order is treated, for the purposes of Sections 120 to 123 CrPC, as an order under Section 106 or Section 117 CrPC, as applicable. Consequently, the statutory rules concerning the contents of bonds, rejection of sureties, default, and release may become relevant.
Section 143 BNSS, 2023 - Corresponding provision
The equivalent provision is Section 143 BNSS - Security for unexpired period of bond. The BNSS framework replaces the CrPC framework for proceedings governed by the new law. When applying Section 143, cross-references should be read according to the BNSS rather than substituting old CrPC section numbers.
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Security for unexpired bond period | Section 124 | Section 143 |
| Rejection of sureties | Section 121 | Section 140 |
| Release of persons imprisoned for default of security | Section 123 | Section 142 |
| Contents of bond | Section 120 | Section 139 |
Practical example
Suppose a person executes a peace bond for twelve months. After four months, an accepted surety is rejected through the statutory process. When the person appears before the Magistrate, Section 124 contemplates cancellation of the existing bond and an order to furnish security of the same description for the remaining eight months, not a fresh twelve-month term.
Frequently asked questions
Does Section 124 allow a new full-term bond?
No. The replacement security under this section is for the unexpired portion of the existing bond term.
Can a surety request cancellation of a bond?
Yes. Section 123(10) CrPC provides a procedure for a surety to apply to the court for cancellation; Section 124 addresses the resulting fresh-security requirement.
Is Section 124 CrPC still the applicable provision?
For proceedings governed by the BNSS after its commencement, the corresponding provision is Section 143 BNSS. Whether the CrPC continues to govern a particular older proceeding depends on the applicable savings provisions and procedural history.
Official legal resources
For the authoritative statutory wording and updates, refer to the India Code official legislation portal and the Ministry of Home Affairs. Consult the published legislation and any applicable notifications before relying on a provision in litigation.
This article provides general legal information, not advice for a specific case. Last reviewed: 17 October 2026.