Introduction

Section 141 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with imprisonment in cases where a person fails to furnish the security required under a lawful order.

The provision applies where a person ordered to give security under Section 125 or Section 136 fails to furnish that security within the prescribed time. It also deals with imprisonment where a person who has executed a bond or bail bond for keeping the peace subsequently breaches that bond.

Section 141 therefore provides the consequences of failure to comply with preventive-security requirements.

Meaning of Section 141

Section 141 operates mainly in two situations:

1. Failure to furnish security when ordered to do so; and
2. Breach of a bond or bail bond for keeping the peace.

In the first situation, the person may be committed to prison or, if already imprisoned, detained until the security period expires or the required security is furnished.

In the second situation, a person who breaches a peace bond or bail bond may be arrested and detained until the expiry of the bond period.

Object and Purpose

The object of Section 141 is to ensure compliance with a valid preventive-security order.

It provides a mechanism where a person:

• fails to furnish security when required;
• fails to comply with a peace bond; or
• otherwise becomes liable to detention under the statutory security framework.

At the same time, the section contains safeguards, including review by the Sessions Judge in cases where security is required for a period exceeding one year and a maximum limit of three years on imprisonment for failure to furnish security.

Important Provisions Connected with Section 141

Provision	Subject
Section 125	Security for keeping peace on conviction
Section 126	Security for keeping peace in other cases
Section 127	Security for good behaviour from persons disseminating certain matters
Section 128	Security for good behaviour from suspected persons
Section 129	Security for good behaviour from habitual offenders
Section 130	Order to be made
Section 135	Inquiry as to truth of information
Section 136	Order to give security
Section 137	Discharge of person informed against
Section 138	Commencement of period for which security is required
Section 139	Contents of bond
Section 140	Power to reject sureties
Section 141	Imprisonment in default of security
Section 142	Power to release persons imprisoned for failing to give security
Section 143	Security for unexpired period of bond

Sub-Section (1)

Section 141(1)(a) – Failure to Furnish Security

Where a person has been ordered to give security under Section 125 or Section 136 and fails to furnish that security on or before the date on which the security period commences, the person may be:

• committed to prison; or
• if already in prison, detained in prison.

The detention continues:

• until the security period expires; or
• until the person furnishes the required security to the Court or Magistrate who made the order.

Thus, imprisonment under this provision is directly connected with the person’s failure to furnish the security required by law.

Example

A Magistrate orders A to furnish security for keeping the peace for a specified period.

The security period begins, but A fails to furnish the required security.

Under Section 141(1)(a), A may be committed to prison and detained until:

• the security period expires; or
• A furnishes the required security to the competent Court or Magistrate.

Section 141(1)(b) – Breach of Peace Bond

Section 141 also deals with a person who has already executed a bond or bail bond for keeping the peace pursuant to an order under Section 136.

If that person is proved, to the satisfaction of the Magistrate or his successor-in-office, to have committed a breach of the bond or bail bond, the Magistrate may:

• record the grounds for being satisfied that a breach occurred;
• order the person to be arrested; and
• order detention in prison until the expiry of the period of the bond or bail bond.

The order is without prejudice to any other punishment or forfeiture to which the person may be liable according to law.

Important Point

The Magistrate must record the grounds for the finding that the bond or bail bond has been breached.

Therefore, detention cannot be ordered merely on an unsupported allegation of breach.

Section 141(2) – Security for More Than One Year

Where a Magistrate orders a person to furnish security for a period exceeding one year, and the person fails to furnish the required security, a special procedure applies.

The Magistrate must:

1. issue a warrant directing that the person be detained in prison;
2. place the proceedings before the Sessions Judge; and
3. do so as soon as conveniently possible.

The matter is therefore subjected to consideration by the Sessions Judge rather than allowing the Magistrate’s detention order to operate without further judicial review.

Section 141(3) – Powers of Sessions Judge

The Sessions Judge examines the proceedings placed before the Court.

The Sessions Judge may:

• examine the proceedings;
• require additional information from the Magistrate;
• require further evidence where necessary; and
• give the concerned person a reasonable opportunity of being heard.

After considering the matter, the Sessions Judge may pass such order as he considers appropriate.

Maximum Period of Imprisonment

An important safeguard is provided by the proviso to Section 141(3).

The period of imprisonment for failure to give security cannot exceed three years.

Therefore:

Maximum imprisonment for failure to furnish security = 3 years

Section 141(4) – Multiple Persons in the Same Proceeding

Section 141(4) applies where security has been required from two or more persons in the same proceeding.

If the case of one of those persons is referred to the Sessions Judge under Section 141(2), the reference will also include the case of the other person or persons who were ordered to give security in the same proceeding.

The provisions relating to the Sessions Judge’s consideration then apply to those persons as well.

However, the imprisonment of such another person cannot exceed the period for which that person was originally ordered to give security.

Purpose

This provision avoids inconsistent or fragmented consideration of persons involved in the same preventive-security proceeding.

Section 141(5) – Transfer to Additional Sessions Judge

A Sessions Judge has the discretion to transfer proceedings placed before him under Section 141(2) or Section 141(4) to an Additional Sessions Judge.

After such transfer, the Additional Sessions Judge may exercise the powers of the Sessions Judge under Section 141 in relation to those proceedings.

Section 141(6) – Security Tendered to Jail Officer

If the required security is tendered to the officer in charge of the jail, that officer must immediately refer the matter to:

• the Court; or
• the Magistrate

who made the original order.

The jail officer must then await the orders of that Court or Magistrate.

Therefore, the jail authority does not independently decide whether the security is sufficient for releasing the person.

Section 141(7) – Nature of Imprisonment for Failure to Keep Peace

Where imprisonment is imposed for failure to give security for keeping the peace, the imprisonment must be simple imprisonment.

Thus:

Failure to give security for keeping the peace → Simple imprisonment

Section 141(8) – Nature of Imprisonment for Good Behaviour

The nature of imprisonment for failure to give security for good behaviour depends upon the provision under which the proceedings were initiated.

Where proceedings are under Section 127

The imprisonment must be simple imprisonment.

Where proceedings are under Section 128 or Section 129

The imprisonment may be:

• rigorous imprisonment; or
• simple imprisonment,

as the Court or Magistrate directs.

Therefore, the nature of imprisonment differs depending upon the statutory basis of the preventive-security proceedings.

Procedure Under Section 141

The overall procedure can be understood as follows:

1. A person is ordered to furnish security.
2. The security period begins.
3. The person fails to furnish the required security.
4. The person may be committed to prison or detained if already imprisoned.
5. If the security period exceeds one year, the proceedings are placed before the Sessions Judge.
6. The Sessions Judge examines the proceedings.
7. The concerned person receives a reasonable opportunity of being heard.
8. The Sessions Judge passes an appropriate order.
9. In any event, imprisonment for failure to furnish security cannot exceed three years.

Section 141 and Breach of Bond

Section 141 is not limited to failure to furnish security in the first instance.

It also applies where a person has already executed a peace bond or bail bond and subsequently breaches it.

In such a case:

• the Magistrate must be satisfied that a breach occurred;
• the grounds for that satisfaction must be recorded;
• the person may be arrested and detained; and
• detention may continue until the bond period expires.

This is separate from any other punishment or forfeiture that may arise under law.

Section 141 and Section 140

The two provisions deal with completely different situations.

Section 140	Section 141
Power to reject sureties	Imprisonment in default of security
Concerned with fitness of surety	Concerned with failure to furnish security or breach of peace bond
Inquiry into fitness	Detention may follow failure to comply
Surety is the primary subject	Person ordered to furnish security is the primary subject

Section 141 and Section 142

Section 141 deals with imprisonment in default of security.

Section 142 deals with the power to release persons imprisoned for failing to give security.

Thus:

Section 141 → Imprisonment

Section 142 → Release from such imprisonment

Section 141 and Section 143

Section 141 primarily concerns imprisonment resulting from failure to furnish security or breach of a peace bond.

Section 143 deals with security for the unexpired period of a bond.

The two provisions therefore operate at different stages of the security process.

Nature of Imprisonment

The nature of imprisonment depends upon the type of security involved.

Situation	Nature of imprisonment
Failure to give security for keeping the peace	Simple imprisonment
Failure to give security for good behaviour under Section 127	Simple imprisonment
Failure to give security for good behaviour under Section 128	Rigorous or simple imprisonment, as directed
Failure to give security for good behaviour under Section 129	Rigorous or simple imprisonment, as directed

Maximum Period of Imprisonment

One of the most important safeguards under Section 141 is the three-year maximum.

Where imprisonment is imposed for failure to furnish security, the period of imprisonment cannot exceed three years.

This statutory ceiling is particularly relevant where the security period ordered by the Magistrate exceeds one year and the matter is referred to the Sessions Judge.

Preventive, Not Punitive in Origin

The security proceedings under Chapter IX are preventive in nature.

Imprisonment under Section 141 arises because the person:

• fails to furnish security that has been lawfully ordered; or
• breaches a peace bond or bail bond.

Therefore, the imprisonment is connected with compliance with the preventive-security mechanism and should not be confused with an ordinary sentence imposed after conviction for an offence.

BNSS and CrPC

Section 141 of BNSS substantially corresponds to Section 122 of the Code of Criminal Procedure, 1973 (CrPC).

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 122	Section 141
Subject	Imprisonment in default of security	Imprisonment in default of security
Failure to furnish security	Imprisonment/detention	Imprisonment/detention
Security period exceeding one year	Sessions Judge procedure	Sessions Judge procedure
Maximum imprisonment	Three years	Three years
Jail tender of security	Court/Magistrate decides	Court/Magistrate decides
Peace security imprisonment	Simple	Simple
Good behaviour security	Depends on relevant provision	Depends on relevant provision

Important Distinctions

Failure to Furnish Security vs Breach of Bond

Failure to furnish security occurs when the person never provides the security required by the order.

Breach of bond occurs when the person has already executed the bond or bail bond but subsequently violates its terms.

Section 141 vs Ordinary Criminal Imprisonment

Imprisonment under Section 141 arises from failure to comply with preventive-security requirements and is distinct from imprisonment imposed as punishment after conviction for an offence.

Section 141(1) vs Section 141(2)

Section 141(1) provides the immediate consequences of failure to furnish security.

Section 141(2) introduces additional judicial scrutiny by the Sessions Judge when the security period exceeds one year.

Example

A Magistrate orders A to furnish security for keeping the peace for two years. A fails to furnish the security when the period begins.

Because the security period exceeds one year, the Magistrate issues a warrant for A’s detention and places the proceedings before the Sessions Judge.

The Sessions Judge examines the proceedings, may require further information or evidence, gives A a reasonable opportunity of being heard, and then passes an appropriate order.

In any event, imprisonment for failure to furnish security cannot exceed three years.

Common Confusions

Is imprisonment automatic whenever security is not furnished?

Section 141 provides for imprisonment or detention where the statutory conditions are satisfied, but the special procedure under the section must be followed where applicable.

What if the person furnishes security after being imprisoned?

The person may be released once the required security is furnished to the Court or Magistrate that made the security order, subject to the applicable statutory procedure.

What is the maximum imprisonment for failure to furnish security?

The imprisonment cannot exceed three years.

Who reviews a case where security is ordered for more than one year?

The matter is placed before the Sessions Judge.

Can security be tendered while the person is in jail?

Yes. If security is tendered to the officer in charge of the jail, it must be referred immediately to the Court or Magistrate that made the order.

What type of imprisonment applies for failure to give security for keeping the peace?

It is simple imprisonment.

Important BNSS Provisions

• Section 125 – Security for keeping peace on conviction
• Section 126 – Security for keeping peace in other cases
• Section 127 – Security for good behaviour from persons disseminating certain matters
• Section 128 – Security for good behaviour from suspected persons
• Section 129 – Security for good behaviour from habitual offenders
• Section 130 – Order to be made
• Section 135 – Inquiry as to truth of information
• Section 136 – Order to give security
• Section 137 – Discharge of person informed against
• Section 138 – Commencement of period for which security is required
• Section 139 – Contents of bond
• Section 140 – Power to reject sureties
• Section 141 – Imprisonment in default of security
• Section 142 – Power to release persons imprisoned for failing to give security
• Section 143 – Security for unexpired period of bond

Topic at a Glance

Point	Position
Topic	Imprisonment in Default of Security
BNSS Section	Section 141
Chapter	Chapter IX
Corresponding CrPC provision	Section 122
Main purpose	Consequences of failure to furnish security
Failure to furnish security	Imprisonment or detention
Breach of peace bond	Arrest and detention possible
Security period exceeding one year	Matter placed before Sessions Judge
Maximum imprisonment for failure to give security	3 years
Security tendered in jail	Referred to Court/Magistrate
Peace-security imprisonment	Simple
Good-behaviour imprisonment under Section 127	Simple
Good-behaviour imprisonment under Sections 128/129	Rigorous or simple, as directed

Quick Revision

• Section 141 BNSS deals with imprisonment in default of security.
• Failure to furnish security under Section 125 or Section 136 may result in imprisonment or detention.
• A person already in prison may be detained until the security period expires or the required security is furnished.
• Breach of a peace bond or bail bond can result in arrest and detention.
• The Magistrate must record the grounds for finding that a peace bond was breached.
• If security is required for more than one year, the matter is placed before the Sessions Judge.
• The concerned person must receive a reasonable opportunity of being heard before the Sessions Judge.
• Imprisonment for failure to furnish security cannot exceed three years.
• Security tendered to the jail officer must be referred to the Court or Magistrate who made the order.
• Failure to give security for keeping the peace results in simple imprisonment.
• Section 141 substantially corresponds to Section 122 CrPC.
• Section 142 deals with the release of persons imprisoned for failing to give security.

ASLO READ: Section 140 – Power to reject sureties

Conclusion

Section 141 of BNSS provides the statutory consequences when a person fails to comply with an order requiring security or breaches a peace bond or bail bond. While permitting detention to enforce preventive-security requirements, the provision incorporates important safeguards, including Sessions Judge supervision for security periods exceeding one year, a reasonable opportunity of hearing, and a maximum imprisonment period of three years.