Section 142 – Power to Release Persons Imprisoned for Failing to Give Security

Introduction

Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the power to release a person who has been imprisoned for failing to furnish security under Chapter IX.

The provision gives specified authorities the power to release such a person where continued imprisonment is no longer considered necessary and can be ended without hazard to the community or to any other person.

Section 142 also permits reduction of:

• the amount of security;
• the number of sureties; or
• the period for which security is required.

It therefore provides an important mechanism for reviewing and relaxing a security order after imprisonment has begun.

Meaning of Section 142

Section 142 operates after a person has been imprisoned for failing to give security under the preventive-security provisions of Chapter IX.

The provision gives power to the appropriate authority to:

1. release the imprisoned person where release would not create a hazard to the community or another person;
2. reduce the amount of security;
3. reduce the number of sureties;
4. reduce the period for which security is required; and
5. impose conditions while ordering release.

Thus, Section 142 provides flexibility where the circumstances no longer justify continued imprisonment or the original security requirements have become unnecessarily stringent.

Object and Purpose

The main objectives of Section 142 are:

• to prevent unnecessary continued imprisonment;
• to provide a mechanism for reconsidering the need for security;
• to permit reduction of excessive or unnecessary security requirements;
• to protect the community while allowing appropriate release; and
• to give the authorities flexibility to respond to changed circumstances.

The provision therefore balances public safety with the personal liberty of the person imprisoned.

Essential Elements

1. Person Must Have Been Imprisoned

Section 142 applies to a person who has been imprisoned for failing to give security under Chapter IX.

It is therefore connected with the imprisonment contemplated under Section 141.

2. Release Where There Is No Hazard

The relevant authority may order discharge where it is of the opinion that the person can be released without hazard to the community or to any other person.

The safety of the community and other persons is therefore a central consideration.

3. Authority Depends on the Original Order

The authority competent to order release depends upon who made the original security order.

Where the order was passed by an Executive Magistrate under Section 136, the power is exercised by the District Magistrate.

In other cases, the power is exercised by the Chief Judicial Magistrate.

4. Reduction of Security

Section 142 also permits the competent authority or Court to reduce:

• the amount of security;
• the number of sureties; or
• the period for which security has been required.

This allows the security requirement to be modified according to changed circumstances.

Section 142(1) – Power to Discharge

Under Section 142(1), where the competent authority is satisfied that a person imprisoned for failure to furnish security may be released without hazard to the community or to any other person, the authority may order the person to be discharged.

The relevant authority is:

• District Magistrate, where the order was passed by an Executive Magistrate under Section 136; or
• Chief Judicial Magistrate, in other cases.

The focus is therefore on whether continued imprisonment remains necessary from the standpoint of public safety.

Section 142(2) – Reduction of Security

Section 142(2) gives a wider power to modify the security requirement.

The competent Court or authority may reduce:

Amount of Security

The monetary amount or financial liability attached to the security may be reduced.

Number of Sureties

The number of persons required to stand as sureties may be reduced.

Period of Security

The period for which the person is required to furnish security may also be reduced.

The power is available to:

• the High Court;
• the Court of Session; or
• where the original order was made by another Court, the appropriate District Magistrate or Chief Judicial Magistrate, depending upon the authority involved.

Section 142(3) – Conditional Discharge

An order under Section 142(1) may provide for discharge:

• without conditions, or
• subject to conditions accepted by the person.

This gives the competent authority flexibility in determining the terms on which the person should be released.

Important Limitation

Any condition imposed on the person’s discharge ceases to operate when the period for which the person was ordered to give security expires.

Thus, the condition cannot continue indefinitely beyond the statutory security period.

Section 142(4) – Conditions Prescribed by State Government

The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be granted.

Therefore, the conditions attached to conditional discharge may be regulated through rules made by the State Government.

Section 142(5) – Cancellation of Conditional Discharge

If the person fails to fulfil a condition imposed upon discharge, the authority that made the discharge order may cancel the discharge.

Where the original order was passed by an Executive Magistrate under Section 136, the District Magistrate exercises this power.

In other cases, the Chief Judicial Magistrate who made the discharge order, or his successor, may cancel the discharge.

Thus, conditional release carries an obligation to comply with the conditions imposed.

Procedure Under Section 142

The operation of Section 142 can be understood step-by-step:

1. A person is ordered to furnish security.
2. The person fails to furnish the required security.
3. The person is imprisoned under Section 141.
4. The competent authority considers whether continued imprisonment remains necessary.
5. If release would not create a hazard to the community or another person, discharge may be ordered.
6. The authority or Court may also reduce the amount of security, number of sureties or security period.
7. Discharge may be unconditional or subject to accepted conditions.
8. Conditions remain effective only for the relevant security period.
9. If a condition is violated, the discharge may be cancelled.

Section 142 and Section 141

These provisions should be read together.

Point	Section 141	Section 142
Subject	Imprisonment in default of security	Release from such imprisonment
Stage	Failure to furnish security	After imprisonment
Main function	Provides for imprisonment	Provides for discharge or relaxation
Public safety	Basis for preventive detention	Considered while deciding release
Security requirement	Enforced	May be reduced
Related consequence	Imprisonment	Release or modification

In simple terms:

Section 141 → Imprisonment

Section 142 → Release or reduction of security

Section 142 and Section 143

Section 142 deals with the release of persons imprisoned for failure to furnish security.

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

Therefore, Section 142 concerns release from imprisonment, while Section 143 deals with the continuation of security obligations in specified circumstances.

Nature of the Power

The power under Section 142 is discretionary.

The competent authority is not required to release every person who has been imprisoned for failing to furnish security.

The central consideration under Section 142(1) is whether release can take place without hazard to the community or to any other person.

Important Safeguards

Public Safety

Release should be considered in light of whether it would create a hazard to the community or another person.

Reduction of Security

The law permits modification of the original security requirements rather than forcing the person to remain imprisoned under the original conditions in every case.

Conditional Release

The person may be released subject to conditions that the person accepts.

Time-Limited Conditions

Conditions imposed upon discharge cease to operate when the period for which security was required expires.

Cancellation for Breach

Failure to comply with the conditions of conditional discharge may result in cancellation of the discharge.

Example

Suppose A is ordered to furnish security for maintaining good behaviour but fails to furnish it and is consequently imprisoned under Section 141.

After some time, the competent authority considers the circumstances and concludes that A can be released without hazard to the community or any other person.

Under Section 142, A may be discharged.

The authority may also consider reducing the amount of security, the number of sureties or the remaining period of security.

The discharge may be unconditional or subject to conditions accepted by A.

If A violates those conditions, the discharge may be cancelled in accordance with Section 142(5).

Important Distinctions

Release vs Acquittal

Release under Section 142 does not amount to acquittal.

The person was imprisoned because of failure to furnish preventive security, and Section 142 provides a mechanism for ending or modifying that imprisonment.

Reduction of Security vs Cancellation of Security

Reducing the amount, number of sureties or period of security does not necessarily cancel the entire security requirement.

It modifies the requirement according to the authority’s order.

Conditional vs Unconditional Discharge

Unconditional discharge: The person is released without additional conditions.

Conditional discharge: The person is released subject to conditions accepted by the person.

BNSS and CrPC

Section 142 of BNSS substantially corresponds to Section 123 of the Code of Criminal Procedure, 1973 (CrPC).

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 123	Section 142
Subject	Power to release persons imprisoned for failing to give security	Same
Release	Permitted where release creates no hazard	Same basic principle
Reduction of security	Permitted	Permitted
Reduction of sureties	Permitted	Permitted
Reduction of period	Permitted	Permitted
Conditional discharge	Permitted	Permitted
Cancellation of conditional discharge	Permitted	Permitted

The basic framework has been substantially retained under BNSS, with the provision renumbered as Section 142.

Common Confusions

Can every person imprisoned under Section 141 demand automatic release under Section 142?

No.

Release depends upon the competent authority’s opinion that the person can be released without hazard to the community or any other person.

Can the amount of security be reduced?

Yes.

Section 142 expressly permits reduction of the amount of security.

Can the number of sureties be reduced?

Yes.

The competent Court or authority may reduce the number of sureties required.

Can the security period be reduced?

Yes.

Section 142 permits reduction of the period for which security has been required.

Can discharge be subject to conditions?

Yes.

The person may be discharged either without conditions or upon conditions accepted by the person.

How long do the conditions of discharge continue?

They cease to operate when the period for which the person was ordered to give security expires.

What happens if the person violates the conditions?

The competent authority may cancel the discharge in accordance with Section 142(5).

Important BNSS Provisions

• 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	Power to Release Persons Imprisoned for Failing to Give Security
BNSS Section	Section 142
Chapter	Chapter IX
Corresponding CrPC provision	Section 123
Person concerned	Person imprisoned for failing to give security
Primary consideration	Release without hazard to community or any other person
Executive Magistrate’s order under Section 136	District Magistrate
Other cases	Chief Judicial Magistrate
Security amount	May be reduced
Number of sureties	May be reduced
Security period	May be reduced
Discharge	Unconditional or conditional
Conditions	Cease when security period expires
Breach of conditions	Discharge may be cancelled

Quick Revision

• Section 142 BNSS deals with the power to release persons imprisoned for failing to give security.
• It applies to persons imprisoned under the preventive-security provisions of Chapter IX.
• The competent authority may discharge the person where release would be without hazard to the community or any other person.
• The District Magistrate exercises the power where the original order was passed by an Executive Magistrate under Section 136.
• In other cases, the Chief Judicial Magistrate exercises the relevant power.
• The High Court or Court of Session may reduce the security requirement.
• The amount of security may be reduced.
• The number of sureties may be reduced.
• The period for which security is required may be reduced.
• Discharge may be unconditional or conditional.
• Conditions must be accepted by the person.
• Conditions cease to operate when the security period expires.
• Violation of the conditions may result in cancellation of the discharge.
• Section 142 substantially corresponds to Section 123 CrPC.

ALSO READ: Section 141 – Imprisonment in default of security

Conclusion

Section 142 of BNSS provides a mechanism for release and modification of security requirements after imprisonment for failure to furnish security. It enables the competent authorities to respond to changed circumstances by releasing the person, reducing the security amount, reducing the number of sureties or shortening the security period. At the same time, the requirement that release must not create a hazard to the community or another person ensures that public safety remains the central consideration.