Section 139: Power to Release Prisoner

Overview

Section 139 of the Bhartiya Nagrik Suraksha Sanhita, 2023, deals with the procedure a Magistrate follows to release a person who has been imprisoned because they didn’t provide the security required by the court. This falls under the broader category of procedural safeguards during criminal proceedings.

Purpose of the Provision

Sometimes, a court asks a person to provide a bond or security to ensure they will appear when needed (like for peace-keeping or good behaviour). If someone can’t provide this security, they might be jailed. This section allows the Magistrate to release them if the required security is *later* provided, preventing unnecessary detention.

Step-by-Step Procedure

• Step 1 – Application to the Magistrate: The person imprisoned, or someone on their behalf, must apply to the Magistrate who ordered the imprisonment.
• Step 2 – Furnishing Security: The applicant must offer the security (bond, cash, etc.) that was originally required by the court.
• Step 3 – Magistrate’s Decision: If the Magistrate is satisfied that the security is sufficient, they *must* release the prisoner. There is no specific timeline mentioned, but the release should be prompt upon satisfaction.

Rights and Safeguards

• Right to Apply: The imprisoned person has the right to apply to the Magistrate for release.
• Consideration of Security: The Magistrate must consider any security offered by the applicant.
• No Arbitrary Detention: The section prevents prolonged detention simply because security wasn’t available initially, if it’s provided later.
• Reasonable Security: The security demanded must be reasonable and proportionate to the situation.

Practical Examples

• Example 1: A person is asked to provide a bond of ₹10,000 for good behaviour but initially cannot afford it and is imprisoned. Their family later arranges the money and submits the bond to the Magistrate. The Magistrate, being satisfied, orders the person’s release.
• Example 2: A person is imprisoned for failing to provide security for keeping the peace. They offer property as security, but the Magistrate deems its value insufficient. The person then provides a cash deposit to make up the difference, satisfying the Magistrate, and is released.

Difference from Old CrPC Provision (if applicable)

This provision largely mirrors the earlier Section 124 of the Criminal Procedure Code (CrPC). There are no significant changes in the core principle or procedure under the BNS Sanhita.

Key Takeaways

If you are imprisoned for not providing security to a court, remember you have the right to apply for release once you *can* provide the required security. The Magistrate is obligated to release you if the security is deemed sufficient. This section aims to prevent unnecessary imprisonment when the underlying concern (ensuring appearance or good behaviour) can be addressed through security.