Chapter VIII
Section 124 CrPC: Security for unexpired period of bond
New Law Update (2024)
Section 126 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When a person for whose appearance a summons or warrant has been issued under the proviso to Sub-Section (3) of section 121 or under Sub-Section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the 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 120 to 123 (both inclusive), be deemed to be an order made under section 106 or section 117, as the case may be.
Important Sub-Sections Explained
Section 124(1)
This sub-section outlines the core procedure where an individual, who has previously furnished a security bond, is mandated to provide fresh security for the unexpired portion of their bond. This typically occurs when a summons or warrant has been issued regarding the original security, and the person subsequently appears before the Magistrate or Court.
Section 124(2)
This crucial sub-section clarifies that any order for fresh security issued under Section 124 is to be treated in the same manner as an original order made under Section 106 or Section 117 of the CrPC. This ensures that the legal implications, enforceability, and avenues for challenge (like appeals) for fresh security orders are consistent with those for initial security orders.