Section 137: Power to Reject Sureties

Overview

Section 137 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with the procedure a Magistrate follows when considering sureties offered to ensure a person will keep the peace or maintain good behaviour. It focuses on the Magistrate’s power to refuse a surety if it’s deemed unsuitable.

Purpose of the Provision

This provision exists to protect the interests of justice and public safety. Sometimes, a person is asked to provide a surety – someone who promises to ensure they follow certain conditions. Section 137 allows the Magistrate to reject a surety if they believe that person won’t actually ensure compliance, or isn’t reliable enough.

Step-by-Step Procedure

• Step 1 – Surety Offered: A person is required to provide a surety, usually by a Magistrate, to keep the peace or maintain good behaviour.
• Step 2 – Magistrate’s Assessment: The Magistrate assesses the surety. They consider if the surety is financially sound and willing to take responsibility.
• Step 3 – Rejection or Acceptance: If the Magistrate believes the surety is unfit or insufficient, they can reject it. No specific timeline is mentioned for this decision; it must be made reasonably.

Rights and Safeguards

• The Magistrate must record their reasons for rejecting a surety. This ensures transparency and allows for review.
• While the accused doesn’t have a direct right to choose the surety, the Magistrate must act fairly and reasonably in their assessment.
• The person offering the surety has no direct right to appeal the rejection immediately, but the order can be challenged through revision if grounds exist.

Practical Examples

• Example 1: A person is asked to provide a surety to ensure they don’t disturb the peace. They offer a friend who is unemployed and heavily in debt. The Magistrate can reject this surety as it’s unlikely the friend can fulfill the financial obligation if the person breaches the peace.
• Example 2: A person offers their wealthy father as surety. However, the Magistrate has information that the father has a history of helping the person evade legal processes. The Magistrate can reject the surety based on this information, even though the father is financially capable.

Difference from Old CrPC Provision (if applicable)

The BNS largely retains the core principle of the CrPC Section 446 regarding the rejection of sureties. The BNS emphasizes the recording of reasons for rejection, reinforcing the need for a transparent and justifiable decision-making process.

Key Takeaways

Remember these key points: Magistrates have the power to reject sureties they deem unfit. The Magistrate must record their reasons for rejection. A financially weak or unreliable surety will likely be rejected. This provision aims to ensure that sureties are meaningful and effective in maintaining peace and good behaviour.