Introduction
Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a criminal court to require a person to furnish fresh security for the remaining (unexpired) period of an existing bond when that person is convicted of an offence that breaches the conditions of the bond. The provision ensures that preventive bonds remain effective and that individuals who violate their undertaking continue to be subject to judicial supervision for the balance of the original bond period.
This provision substantially continues the preventive security framework that existed under the Code of Criminal Procedure, 1973.
Meaning of Security for Unexpired Period of Bond
A bond for keeping the peace or maintaining good behaviour is executed for a fixed period. If the person bound by that bond commits and is convicted of an offence that violates its conditions before the bond expires, Section 143 allows the court to require a new bond for the remaining period only, rather than starting an entirely new term.
The objective is to preserve the effectiveness of the original preventive order while responding to its breach.
Object and Purpose
Section 143 serves several important procedural purposes:
- Ensures compliance with bonds executed under preventive jurisdiction.
- Protects public peace and public order.
- Prevents offenders from escaping the consequences of breaching bond conditions.
- Enables continued judicial supervision during the remaining period of the original bond.
Essential Elements
1. An Existing Bond Must Be in Force
The person must already have executed a valid bond for keeping the peace or maintaining good behaviour under the BNSS.
2. Conviction Before Expiry of the Bond
The person must be convicted of an offence committed before the bond expires. Mere accusation or pending trial is insufficient.
3. The Conviction Must Amount to a Breach of the Bond
The offence should be one that is inconsistent with the conditions of keeping the peace or maintaining good behaviour, thereby constituting a breach of the undertaking.
4. Fresh Security Is Limited to the Remaining Period
The court may order the execution of a fresh bond only for the unexpired portion of the original bond. The provision does not create a new full-term security period.
Procedure under Section 143
- A person executes a preventive bond under the BNSS.
- During the bond period, the person commits and is convicted of an offence.
- The convicting court examines whether the conviction amounts to a breach of the bond.
- The court may order the person to furnish fresh security for the remaining period.
- If the person fails to furnish the required security, imprisonment may follow in accordance with the statutory order for the unexpired period.
Powers of the Court
The criminal court has the authority to:
- determine whether the conviction breaches the bond;
- require execution of a fresh bond;
- limit the security to the balance of the original period; and
- impose imprisonment in default of furnishing the required security, as permitted by law.
This power is discretionary and is exercised after a valid conviction.
Rights of the Person Concerned
A person against whom action is taken under Section 143 is entitled to:
- be proceeded against only after a lawful conviction;
- have the order confined to the unexpired period of the bond;
- challenge the conviction or the consequential order through appropriate legal remedies available under the BNSS.
Scope of Section 143
Section 143 applies only to preventive bonds executed under the security provisions of the BNSS. It does not apply to:
- ordinary bail bonds;
- surety bonds executed during criminal trials;
- contractual or civil bonds.
Its operation is confined to preventive criminal jurisdiction.
Exceptions and Limitations
Conviction Is Essential
A pending criminal case or mere allegation cannot justify action under Section 143. The statutory trigger is a conviction.
No Extension Beyond the Original Period
The court cannot use Section 143 to extend the duration of the original bond. Fresh security is restricted to the remaining period alone.
Illustrative Example
A Magistrate directs A to execute a bond for keeping the peace for one year. After eight months, A is convicted of an offence involving violence that breaches the bond conditions. Under Section 143, the court may require A to execute a fresh bond for the remaining four months, not for another full year.
Constitutional Connection
Section 143 operates within the constitutional guarantee of Article 21, which requires that any restriction on personal liberty must follow a fair, just, and legally established procedure. Since imprisonment in default affects liberty, the statutory safeguards and judicial process remain essential.
Common Confusions
Does every conviction automatically cancel the existing bond?
No. The court must determine that the conviction constitutes a breach of the bond and then decide whether fresh security should be required.
Can the court impose a completely new one-year bond?
No. Section 143 limits the fresh security to the unexpired portion of the original bond period.
Quick Revision
- Section: 143, BNSS, 2023.
- Applies to preventive bonds for keeping peace or good behaviour.
- Action arises only after a conviction that breaches the bond.
- The court may require a fresh bond.
- The fresh bond is limited to the unexpired period of the original bond.
- The provision does not extend the original duration of security.
- It substantially corresponds to Section 123 of the CrPC, 1973.
ALSO READ: Section 142 – Power to release persons imprisoned for failing to give security
Conclusion
Section 143 reinforces the preventive justice framework of the BNSS by ensuring that individuals who violate the conditions of a preventive bond remain accountable for the balance of the original security period. It balances public order with procedural fairness by limiting fresh security to the unexpired duration of the bond rather than creating a new preventive term.
