Bharatiya Nagarik Suraksha Sanhita, 2023
Section 143
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 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.
Why this exists
Bonds and bail bonds are often given for a fixed period or purpose. When a person breaches such a bond and has to be produced again before the court through a warrant, the earlier bond effectively fails and needs replacing so that the remaining period of obligation is still legally secured. This provision, carried forward from Section 126 of the old CrPC, ensures continuity of the security mechanism instead of leaving a legal gap once the original bond is cancelled.
Common misconceptions
- Myth: Getting a fresh bond means starting the whole original term over again.
Fact: The fresh security only covers the unexpired (remaining) portion of the original bond's term, not the full original period. - Myth: This section creates a new type of punishment.
Fact: It doesn't punish; it simply replaces a lapsed bond with a fresh one of the same kind to keep the original obligation legally enforceable.