Section 143 BNSS: Security for unexpired period of bond (Formerly Section 124 CrPC)

Section 143 of Bharatiya Nagarik Suraksha Sanhita, 2023: Security for unexpired period of bond

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail 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 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 143

Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers emergency preventive powers on Executive Magistrates to issue orders in urgent cases of nuisance or apprehended danger.

Core Legal Standard: Section 143 authorizes the District Magistrate, Sub-Divisional Magistrate, or specially empowered Executive Magistrate to direct any person to abstain from a certain act or to take certain order with respect to certain property, if the Magistrate considers that such direction is likely to prevent obstruction, annoyance, injury, danger to human life, or a riot.
Sub-Section (2) Provision: Under sub-section (2), orders may be passed ex parte in cases of emergency.

Sub-section (4) restricts the normal lifespan of an order to two months, extendable up to six months by State Government notification.

Key Landmark Precedents:

Anuradha Bhasin v. Union of India (2020) 3 SCC 637: The Supreme Court held that orders under Section 144 CrPC (Sec 143 BNSS) must satisfy the test of proportionality and necessity; indefinite or repetitive suspension of fundamental freedoms (such as internet access or public assembly) is unconstitutional.
Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: Affirmed that power under this section is extraordinary and preventive, requiring objective satisfaction of imminent urgency; cannot be used to anticipate remote or speculative dangers.
Babulal Parate v. State of Maharashtra (AIR 1961 SC 884): Upheld the constitutional validity of emergency preventive orders, holding that prompt preventive action to avert widespread rioting justifies reasonable restrictions under Article 19(2).

Legal Commentary:

Section 143 represents the apex executive emergency power in criminal procedure. Following Anuradha Bhasin, every order under Section 143 must be reasoned, publicly notified, and subject to judicial review on the anvil of proportionality.