Power to reject sureties
Section 121 of the Code of Criminal Procedure, 1973 deals with power to reject sureties. A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond : Provided that, before so refusing to accept or rejecting any such surety, h The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond :
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing :
Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
Section 121, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 140 Power to reject sureties Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nandhi Raghu vs The State of Telangana
Court's Decision & Legal Precedent
In cases involving serious offences punishable with death or life imprisonment, bail may be granted under Section 439 CrPC if the evidence against the accused is weak or insufficient, provided stringent conditions are imposed to ensure the accused's appearance in court, prevent interference with investigation, and safeguard the interests of justice. The court must balance the seriousness of the charge with the strength of evidence and the accused's personal circumstances.
On this section: Relates to maintenance petitions; a maintenance petition was filed by Nandhi Swapna under this section or under the Domestic Violence Act
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Vikram Singh vs The State
Court's Decision & Legal Precedent
When proceedings relating to a search warrant application (Kalanda) are pending before a Special Executive Magistrate and no action has been taken, the appropriate remedy for the petitioner is to approach the Special Executive Magistrate first rather than seek High Court intervention. However, the High Court may grant interim relief by directing the magistrate to decide expeditiously and restraining police action pending such decision.
On this section: Authority for search warrant applications; the Kalanda was submitted under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 121
What have the courts held on Section 121 of the Code of Criminal Procedure?
Nandhi Raghu vs The State of Telangana (14 Jun 2018) is the leading judgment on this section among those set out below: Relates to maintenance petitions; a maintenance petition was filed by Nandhi Swapna under this section or under the Domestic Violence Act. Another 1 judgment on this section is set out below. They run from 2003 to 2018.
How do I find court cases under Section 121 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 121, section 121 CRPC, section 121 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Nandhi Raghu vs The State of Telangana (14 Jun 2018).
What should I read with Section 121 of the Code of Criminal Procedure, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 140 (Power to reject sureties), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 121 of the Code of Criminal Procedure come into force?
Section 121 of the Code of Criminal Procedure, cited as CRPC 121, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.