Practice paper — BNSS Chapter IX — Security For Keeping The Peace And For Good Behaviour
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1.What is the maximum period for which a Court may order a person to execute a bond for keeping the peace under Section 125(1)?
- (A) One year
- (B) Three years
- (C) Five years
- (D) Indefinitely until further order
2.Which courts are expressly mentioned in Section 125(1) as being able to order security for keeping the peace when they convict a person?
- (A) A Court of Session or a Court of a Magistrate of the first class
- (B) The High Court
- (C) Any Magistrate (of any class)
- (D) A Special Tribunal constituted under a statute
3.Which of the following correctly states the availability of power to make an order under Section 125?
- (A) Only trial courts may make an order at the time of passing sentence
- (B) Only trial courts and the High Court may make an order
- (C) Appellate courts and revision courts are expressly forbidden from making such orders
- (D) An Appellate Court or a Court when exercising its powers of revision may also make an order
4.Who is empowered under Section 126 to require a person to show cause why he should not be ordered to execute a bond for keeping the peace?
- (A) An Executive Magistrate
- (B) A Judicial Magistrate
- (C) A police officer
- (D) Any Magistrate or police officer
5.May proceedings under Section 126 be taken before an Executive Magistrate when neither the place where the breach is apprehended nor the person likely to commit it are within his local jurisdiction?
- (A) Yes — if the Magistrate so decides
- (B) Yes — with police sanction
- (C) No
- (D) Yes — if public tranquillity is at risk
6.Is it sufficient under Section 126 for an Executive Magistrate to act solely on his own opinion, without first receiving any information that a person is likely to commit a breach of the peace?
- (A) No — both receipt of information and the Magistrate's opinion are required
- (B) Yes — the Magistrate's opinion alone suffices
- (C) Yes — if supported by police intelligence
- (D) No — action requires a court order
7.What is the maximum period for which a bond for good behaviour may be ordered under Section 127(1)?
- (A) Six months
- (B) One year
- (C) Two years
- (D) Indefinitely
8.Which of the following acts may lead an Executive Magistrate to require a bond under Section 127(1)?
- (A) Only dissemination of matters punishable under sections 152, 196, 197 or 299 of the Bharatiya Nyaya Sanhita
- (B) Only distribution of obscene matter as referred to in section 294 of the Bharatiya Nyaya Sanhita
- (C) Either intentional dissemination of matters punishable under the listed sections or concerning a Judge amounting to criminal intimidation/defamation, or circulation of obscene matter as referred to in section 294
- (D) Only oral dissemination, not written or other forms
9.Under Section 128, who is empowered to require a person to show cause why he should not be ordered to execute a bond for good behaviour?
- (A) A Police Officer
- (B) An Executive Magistrate
- (C) A Judicial Magistrate
- (D) A District Judge
10.If an Executive Magistrate receives information about a person taking precautions to conceal his presence but the person is outside the Magistrate's local jurisdiction, can the Magistrate require that person to show cause under this Section?
- (A) No — the person must be within the Magistrate's local jurisdiction
- (B) Yes — receiving information is sufficient regardless of location
- (C) Only if the person is summoned and appears before the Magistrate
- (D) Only if the person is named in a police report
11.May the Magistrate, under this Section, directly order a person to execute a bond for good behaviour without first requiring the person to show cause?
- (A) Yes — the Magistrate may immediately order a bond in urgent cases
- (B) No — the Magistrate may 'require such person to show cause why he should not be ordered to execute a bond', indicating a show-cause step
- (C) Yes — if the person is reasonably suspected, no show-cause is necessary
- (D) Only if the person refuses to give his name when challenged
12.Under Section 129, which authority may require a person to show cause why he should not be ordered to execute a bail bond for good behaviour?
- (A) An Executive Magistrate
- (B) A Station House Officer (police officer)
- (C) A Judicial Magistrate
- (D) The High Court
13.Does Section 129 permit action against a person who "attempts to commit" or "abets" the commission of listed offences (for example, kidnapping)?
- (A) Yes — the provision covers persons who commit, attempt to commit, or abet such offences
- (B) No — only completed offences are covered
- (C) Only if the attempt or abetment has resulted in a conviction
- (D) Only if the attempt caused actual harm
14.Must the Executive Magistrate have a prior conviction before invoking Section 129 to require a person to show cause for a good-behaviour bond?
- (A) Yes — a prior conviction is required before the Magistrate can act
- (B) No — the Magistrate may act upon receiving information without requiring a prior conviction
- (C) Only after a charge sheet is filed by the police
- (D) Only if the person has been arrested previously for the same offence
15.Which of the following must the written order under Section 130 set forth?
- (A) Only the substance of the information received.
- (B) Only the amount of the bond to be executed.
- (C) The substance of the information received, the amount of the bond, the term for which it is to be in force, and the number of sureties.
- (D) Only the term for which the bond is to be in force and the number of sureties.
16.Can the order required by Section 130 be made orally instead of in writing?
- (A) No, the Magistrate shall make an order in writing.
- (B) Yes, an oral order is sufficient if recorded later.
- (C) Yes, it may be either written or electronic only.
- (D) Yes, it can be issued verbally and noted in the file.
17.Under Section 131, what must the Court do if the person in respect of whom such order is made is present in Court?
- (A) Read the order over to him, or, if he so desires, explain the substance thereof.
- (B) Serve the order by post to the person at his address.
- (C) Record the order in the court file but need not communicate it to the person.
- (D) Read the order only to the person's counsel and not to the person himself.
18.Does Section 131 apply when the person in respect of whom the order is made is not present in Court?
- (A) It applies even if the person is absent from Court.
- (B) It applies only if the person is present in Court.
- (C) It applies only if the person is represented by counsel when absent.
- (D) It applies only after the person is informed by post.
19.Can the substance of the order under Section 131 be explained to someone other than the person in respect of whom the order is made when that person is present in Court?
- (A) Yes — it may be explained to his counsel in place of explaining to him.
- (B) Yes — the Court may explain it to any person present on behalf of the person.
- (C) No — the provision requires it to be read over to him or, if he so desires, explained to him personally.
- (D) Only if the person gives express written permission to the Court to explain it to another.
20.Under Section 132, a warrant directing the officer in whose custody he is to bring him before the Court is appropriate when the person is:
- (A) In custody
- (B) At large and not in custody
- (C) On bail
- (D) Outside the territorial jurisdiction
21.Under the proviso to Section 132, the Magistrate may issue a warrant for arrest "at any time" provided which condition is satisfied?
- (A) Only after a prior summons has been served and ignored
- (B) Only during court sessions
- (C) Only if the person is already in custody
- (D) If, upon a police report or other information (the substance of which is recorded), there is reason to fear the commission of a breach of the peace and such breach cannot be prevented otherwise than by the immediate arrest of such person
22.Which statement correctly captures the Magistrate's power under the proviso to Section 132 regarding immediate arrest?
- (A) The Magistrate must issue a warrant whenever a police officer requests it, without any recorded basis
- (B) The Magistrate may at any time issue a warrant for arrest if, upon a police report or other information (the substance of which is recorded), there is reason to fear a breach of the peace and it cannot be prevented otherwise than by immediate arrest
- (C) The Magistrate is prohibited from issuing a warrant for arrest before a person has been summoned at least once
- (D) The Magistrate may order preventive detention without recording any report or information
23.Who is required by Section 133 to deliver the copy that accompanies the summons or warrant?
- (A) The court that made the order
- (B) The prosecutor or complainant
- (C) The officer serving or executing the summons or warrant
- (D) Any independent witness present
24.If an officer arrests a person under a warrant issued under Section 132, what does Section 133 require regarding the copy of the order?
- (A) Only after the person is produced before a magistrate
- (B) Only if the person asks for a copy
- (C) Before remanding the person to custody
- (D) The officer must deliver the copy to the person arrested under the warrant
25.Who is given the power to dispense with the personal attendance of a person called upon to show cause under Section 134?
- (A) The Magistrate
- (B) A Judge of the High Court
- (C) The Police Officer-in-Charge
- (D) The District Collector
26.If the Magistrate dispenses with personal attendance under Section 134, what does the provision say about representation?
- (A) Dispensation forbids any form of representation
- (B) Only a government pleader may represent the person
- (C) The Magistrate may permit the person to appear by an advocate
- (D) Representation is allowed only by written authorization from the person
27.According to Section 134, when may the Magistrate permit a person to appear by an advocate?
- (A) Only after he has formally dispensed with the person's personal attendance
- (B) Only if he sees sufficient cause
- (C) In all cases upon the person's request
- (D) Only if the bond has already been executed
28.According to Section 135(2), in what manner shall the inquiry be conducted?
- (A) In the manner prescribed for warrant-cases trial under criminal procedure.
- (B) As nearly as may be practicable in the manner prescribed for conducting trial and recording evidence in summons-cases.
- (C) By summary proceedings without recording evidence.
- (D) By applying the procedure of civil trials.
29.If the Magistrate permits continuance of proceedings beyond six months under Section 135(6) by recording special reasons, who may, on application by the aggrieved party, vacate that direction under Section 135(7)?
- (A) The High Court.
- (B) The Magistrate who made the direction.
- (C) The Supreme Court.
- (D) The Sessions Judge.
30.If, upon inquiry under Section 136, it is proved that giving security is necessary for keeping the peace or maintaining good behaviour, what is the Magistrate required to do?
- (A) Make an order that the person execute a bond or bail bond
- (B) Impose a monetary fine instead of any bond
- (C) Discharge the person without any conditions
- (D) Detain the person in custody for a fixed period
31.May the Magistrate order security of an amount larger than that specified in the order made under Section 130?
- (A) Only with the consent of the person
- (B) Yes, if the circumstances are serious
- (C) Only if the higher court approves
- (D) No, the proviso prohibits an amount larger than that specified in Section 130
32.What limitation does Section 136 place on fixing the amount of every bond or bail bond?
- (A) The amount must be set so as to be excessive to ensure compliance
- (B) The amount shall be fixed with due regard to the circumstances of the case and shall not be excessive
- (C) The amount must always match the amount in the Section 130 order
- (D) The amount is to be prescribed by central government rules
33.Under Section 137, if on an inquiry under Section 135 it is not proved that a bond is necessary to keep the peace or maintain good behaviour, what must the Magistrate do?
- (A) Order the person to execute a bond anyway
- (B) Make an entry on the record and, if the person is in custody only for the inquiry, release him, or if not in custody, discharge him
- (C) Commit the person for trial
- (D) Require a further inquiry into the need for a bond
34.If, after an inquiry under Section 135, it is not proved that a bond is necessary but the person is in custody for other reasons as well (not "only for the purposes of the inquiry"), what does Section 137 require the Magistrate to do?
- (A) Release the person immediately under Section 137
- (B) Discharge the person under Section 137
- (C) Make an entry on the record that it was not proved necessary to require a bond, but Section 137 does not mandate release in other custody situations
- (D) Order the person to be detained without any entry on the record
35.According to Section 137, in which circumstance does the Magistrate 'discharge' the person informed against?
- (A) When the person is not in custody
- (B) When the person is in custody only for the purposes of the inquiry
- (C) When the person has executed the bond
- (D) When the Magistrate has begun the inquiry
36.According to Section 138(2), in cases other than when the person is imprisoned, when does the period for which security is required normally commence?
- (A) On the date of such order
- (B) On the expiration of any sentence
- (C) On a date fixed by the State Government
- (D) Thirty days after the order is made
37.Under Section 138(2), the Magistrate may, for sufficient reason, fix a later date for commencement. Which of the following is true about fixing an earlier date than the order date in such 'other cases'?
- (A) The Magistrate may fix an earlier date if convinced
- (B) The provision allows only fixing a later date, not an earlier one
- (C) The Magistrate must fix an earlier date whenever practicable
- (D) An earlier date can be fixed only with High Court approval
38.Under Section 139 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a bond or bail bond shall bind a person to:
- (A) Keep the peace or to be of good behaviour, as the case may be
- (B) Attend all court hearings as required by the court
- (C) Pay a monetary security in case of conviction
- (D) Ensure the presence of sureties for the period of the bond
39.If a person bound to be of good behaviour attempts to commit an offence punishable with imprisonment outside the place where the bond was executed, is that a breach under Section 139?
- (A) No — only breaches committed within the place of execution count
- (B) Only if local authorities choose to treat it as a breach
- (C) Yes — the provision says such commission, attempt or abetment anywhere is a breach
- (D) Only if the person is convicted for that attempt
40.The phrase "wherever it may be committed" in Section 139 is best understood to mean:
- (A) The place of commission is immaterial when the bond is to be of good behaviour
- (B) The offence must be committed within the same jurisdiction where the bond was executed
- (C) The phrase applies when the bond binds the person to keep the peace
- (D) The phrase limits breach to offences committed only in the immediate presence of authorities
41.Before refusing to accept or rejecting any surety, what procedural step does Section 140(1) require the Magistrate to take?
- (A) Make an immediate order without any inquiry
- (B) Consult the public prosecutor and obtain approval
- (C) Either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report made by a subordinate Magistrate
- (D) Send the matter to the Sessions Judge for directions
42.What notice requirement does Section 140(2) impose before holding the inquiry into the fitness of a surety?
- (A) Reasonable notice to the accused only
- (B) Reasonable notice to the surety and to the person by whom the surety was offered
- (C) No notice is required; the inquiry may be ex parte
- (D) Notice only to the public prosecutor
43.May a Magistrate rely on the report of a subordinate Magistrate when deciding that a surety is unfit under Section 140(3)?
- (A) No; the Magistrate must personally hear all evidence and cannot rely on any subordinate's report
- (B) Yes; but only if the subordinate Magistrate's report is unanimous with the public prosecutor's view
- (C) Yes; the Magistrate may consider the evidence adduced either before him or before a Magistrate deputed under subsection (1), and the report of such Magistrate, before making the order
- (D) Only if the surety waives the right to notice
44.What is the maximum period for which any person may be imprisoned for failure to give security under section 141(3) (the proviso)?
- (A) The exact period for which he was ordered to give security.
- (B) Three years.
- (C) One year.
- (D) There is no statutory maximum period.
45.When security has been required from two or more persons in the same proceeding and the case of one person is referred to the Sessions Judge under section 141(2), what does section 141(4) provide regarding the others?
- (A) Each other person must be referred separately; the reference does not automatically include them.
- (B) Yes; their cases are included and subsections (2) and (3) apply, and the three‑year maximum imprisonment applies to them regardless of their original ordered period.
- (C) Yes; the reference includes the cases of other persons and subsections (2) and (3) apply, except that the period for which any other person may be imprisoned shall not exceed the period for which he was ordered to give security.
- (D) Yes; but only if the Sessions Judge orders that they be heard together.
46.Under Section 142, who may direct the discharge of a person imprisoned for failing to give security?
- (A) The District Magistrate in the case of an order by an Executive Magistrate, or the Chief Judicial Magistrate in any other case.
- (B) Only the District Magistrate in all cases.
- (C) Only the Chief Judicial Magistrate, even where the order was by an Executive Magistrate.
- (D) The High Court or Court of Session alone.
47.If a condition of a conditional discharge is not fulfilled, what may occur under Section 142?
- (A) Only the High Court may cancel the condition and the person must await a warrant for arrest.
- (B) The District Magistrate or the Chief Judicial Magistrate who made the discharge (or his successor) may cancel it; the person may be arrested without warrant and produced before that Magistrate.
- (C) The police must first obtain a magistrate’s warrant before arresting the person for breach of condition.
- (D) The condition automatically converts into a fine and no arrest is permitted.
48.A person remanded to prison under subsection (7) may be released at any time on giving security for the unexpired portion. This release is subject to which provision?
- (A) Section 136.
- (B) There is no subject provision; release is unconditional.
- (C) Section 141.
- (D) Only an order of the High Court authorising release.
49.According to Section 143(1), what description must the fresh security have?
- (A) Any security chosen by the Magistrate or Court.
- (B) Security of higher value than the original security.
- (C) Fresh security of the same description as the original security.
- (D) Only surety-based security, irrespective of the original form.
50.Section 143(2) provides that every such order shall, for certain purposes, be deemed to be an order made under section 125 or section 136. For which purposes is it so deemed?
- (A) For all purposes of the Act.
- (B) Only for purposes of filing an appeal.
- (C) Only for purposes of sections 125 and 136 themselves.
- (D) For the purposes of sections 139 to 142 (both inclusive).
Answer key
Explanations
- 1. (B) Section 125(1) authorises the Court to order a bond for keeping the peace for such period, not exceeding three years, as it thinks fit. Therefore the maximum period expressly provided is three years.
- 2. (A) Section 125(1) begins: 'When a Court of Session or Court of a Magistrate of the first class convicts a person ... the Court may ... order him to execute a bond'. Thus those two courts are expressly mentioned.
- 3. (D) Section 125(4) expressly provides that an order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. Thus appellate and revision courts are included.
- 4. (A) Section 126(1) begins, "When an Executive Magistrate receives information... he may... require such person to show cause..." showing that the power is vested in an Executive Magistrate. The provision does not confer this power on judicial magistrates or police officers.
- 5. (C) Section 126(2) authorises proceedings before an Executive Magistrate when either the place where the breach is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach. If neither condition exists, the section does not permit proceedings.
- 6. (A) Section 126(1) starts "When an Executive Magistrate receives information... and is of opinion that there is sufficient ground for proceeding, he may..." indicating both the receipt of information and the Magistrate's opinion are prerequisites to exercising the power.
- 7. (B) Section 127(1) authorises a bond "for such period, not exceeding one year, as the Magistrate thinks fit," so the maximum period is one year.
- 8. (C) Section 127(1) covers (i) intentional dissemination (including matters punishable under sections 152, 196, 197, 299 or matters concerning a Judge amounting to criminal intimidation or defamation) and (ii) circulation of obscene matter as in section 294. Thus either category may trigger the power.
- 9. (B) The provision begins, 'When an Executive Magistrate receives information ... the Magistrate may ... require such person to show cause ...' indicating the Executive Magistrate is the authority empowered to do so.
- 10. (A) The provision applies when the Magistrate 'receives information that there is within his local jurisdiction a person taking precautions to conceal his presence,' so the person must be within the Magistrate's local jurisdiction.
- 11. (B) The Section explicitly provides that the Magistrate 'may ... require such person to show cause why he should not be ordered to execute a bond,' which indicates the requirement to show cause precedes any order to execute a bond.
- 12. (A) The provision opens with "When an Executive Magistrate receives information... such Magistrate may ... require such person to show cause...". Thus the power is expressly conferred on an Executive Magistrate.
- 13. (A) Clause (d) explicitly includes persons who "habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping...". Therefore attempts and abetment are within the scope.
- 14. (B) The section begins "When an Executive Magistrate receives information that there is within his local jurisdiction a person who..." and then permits the Magistrate to require that person to show cause. The text does not condition the power on any prior conviction.
- 15. (C) Section 130 requires the Magistrate to make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties. The provision lists all these particulars as required contents of the order.
- 16. (A) Section 130 explicitly provides that 'he shall make an order in writing,' indicating the order must be written. The provision leaves no scope for an oral order as a substitute.
- 17. (A) The provision states that if the person is present in Court, 'it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.' Thus the Court must either read the order to the person or explain its substance if he requests it.
- 18. (B) Section 131 begins with the condition 'If the person in respect of whom such order is made is present in Court,' indicating the provision applies only when that person is present in Court. The provision does not address absent persons.
- 19. (C) Section 131 requires that when the person is present in Court 'it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.' The wording directs the communication to the person himself, not to others.
- 20. (A) The provision specifies that when such person is in custody the Magistrate shall issue a warrant directing the officer in whose custody he is to bring him before the Court. The text links the warrant specifically to the person being in custody.
- 21. (D) The proviso states the Magistrate may at any time issue a warrant for arrest when, upon a police report or other information (the substance of which is recorded), there is reason to fear a breach of the peace and it cannot be prevented otherwise than by immediate arrest. Those are the specified conditions.
- 22. (B) The proviso explicitly permits the Magistrate to issue a warrant at any time when, upon a police report or other information (the substance of which must be recorded), there is reason to fear a breach of the peace and it cannot be prevented otherwise than by immediate arrest. The other statements contradict the proviso's recorded-basis and conditional requirements.
- 23. (C) Section 133 provides that such copy shall be delivered by the officer serving or executing such summons or warrant. The duty of delivery is placed on the officer who serves or executes the summons or warrant.
- 24. (D) Section 133 states that the copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. Thus when a person is arrested under the warrant, the officer must deliver the copy to that arrested person.
- 25. (A) The provision begins with 'The Magistrate may ... dispense with the personal attendance...', explicitly conferring the power on the Magistrate. No other office is mentioned in the text.
- 26. (C) The provision continues that the Magistrate 'may permit him to appear by an advocate', so the Magistrate may allow appearance by an advocate when dispensing with personal attendance.
- 27. (B) The provision states 'The Magistrate may, if he sees sufficient cause, dispense with the personal attendance ... and may permit him to appear by an advocate,' indicating that permitting appearance by an advocate is available when the Magistrate sees sufficient cause.
- 28. (B) Section 135(2) states that the inquiry shall be made, as nearly as may be practicable, in the manner prescribed for conducting trial and recording evidence in summons-cases. The provision therefore requires following the summons-case trial mode as far as practicable.
- 29. (D) Section 135(7) specifies that the Sessions Judge may, on an application made to him by the aggrieved party, vacate a direction permitting continuance of proceedings if he is satisfied that it was not based on any special reason or was perverse. Thus the Sessions Judge is the competent authority to vacate such a direction.
- 30. (A) The provision states that if it is proved necessary for keeping the peace or maintaining good behaviour the Magistrate shall make an order accordingly that the person should execute a bond or bail bond. It therefore requires an order for execution of a bond or bail bond rather than fines, discharge, or detention.
- 31. (D) Proviso (a) expressly provides that no person shall be ordered to give security of an amount larger than that specified in the order made under section 130. Therefore the Magistrate cannot order a larger amount.
- 32. (B) Proviso (b) requires that the amount of every bond or bail bond be fixed with due regard to the circumstances of the case and shall not be excessive. It therefore disallows excessive amounts and mandates consideration of circumstances.
- 33. (B) Section 137 states that where it is not proved that a bond is necessary the Magistrate shall make an entry on the record to that effect and shall either release the person if in custody only for the inquiry or discharge him if not in custody. Thus the magistrate records the finding and effects release/discharge as applicable.
- 34. (C) Section 137 requires the Magistrate to make an entry on the record that it was not proved necessary to require a bond. The section specifies release only where custody is ‘‘only for the purposes of the inquiry,’’ so it does not mandate release where custody exists for other reasons.
- 35. (A) Section 137 states that if it is not proved that a bond is necessary the Magistrate shall make an entry and, if such person is not in custody, shall discharge him. Therefore discharge is specified for the situation where the person is not in custody.
- 36. (A) Section 138(2) provides that in other cases the period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. The normal commencement is therefore the order date.
- 37. (B) Section 138(2) specifies that in other cases the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date. There is no provision for fixing an earlier date, only a later one.
- 38. (A) The provision states that the bond or bail bond shall bind the person "to keep the peace or to be of good behaviour, as the case may be." This language is the direct obligation imposed by the section.
- 39. (C) The provision clarifies that the commission, attempt or abetment of any offence punishable with imprisonment "wherever it may be committed, is a breach of the bond or bail bond." Therefore an attempt outside the place of execution is still a breach.
- 40. (A) The provision states that in the case of a bond to be of good behaviour, the commission, attempt or abetment of an offence punishable with imprisonment "wherever it may be committed, is a breach." This indicates the location of commission is immaterial for such breaches under the good‑behaviour bond.
- 41. (C) Section 140(1) requires that before refusing or rejecting a surety the Magistrate shall either himself hold an inquiry on oath into the fitness of the surety or cause such an inquiry to be held and a report made by a subordinate Magistrate. The provision makes the inquiry step mandatory.
- 42. (B) Section 140(2) provides that the Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered. The provision therefore requires notice to both those persons.
- 43. (C) Section 140(3) permits the Magistrate to be satisfied after considering the evidence adduced either before him or before a Magistrate deputed under sub‑section (1), and the report of such Magistrate (if any), and then make an order refusing or rejecting the surety. There is no requirement of unanimity with the public prosecutor or waiver of notice.
- 44. (B) The proviso to section 141(3) states that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. Thus three years is the statutory maximum.
- 45. (C) Section 141(4) states that the reference shall also include the case of any other person ordered to give security and that subsections (2) and (3) apply, except that the period for which such other person may be imprisoned shall not exceed the period for which he was ordered to give security. It does not make separate referral mandatory, nor impose the three‑year cap in all cases regardless of the original ordered period.
- 46. (A) Section 142(1) explicitly provides that the District Magistrate (where the original order was by an Executive Magistrate under section 136) or the Chief Judicial Magistrate (in any other case) may direct the discharge. The provision distinguishes the authority depending on who made the original order.
- 47. (B) Section 142(5) authorises the District Magistrate (for orders by an Executive Magistrate) or the Chief Judicial Magistrate (or their successor) to cancel an unfulfilled condition. Section 142(6) then permits arrest without warrant and production before the same Magistrate upon such cancellation.
- 48. (C) Section 142(8) expressly provides that such a person shall, subject to the provisions of section 141, be released at any time on giving security for the unexpired portion. Therefore the release is conditional upon compliance with section 141.
- 49. (C) Section 143(1) requires that the person "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." Therefore the fresh security must match the original description.
- 50. (D) Section 143(2) states: "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." Therefore the deeming applies specifically to sections 139–142.