BNSS Section 141 - Imprisonment in default of security.

(1) (a)If any person ordered to give security under section 127 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, they shall, except in the case next hereinafter mentioned, be committed to prison, or, if already in prison, be detained in prison until such period expires or until they give the security to the Court or Magistrate who made the order requiring it.

(b)If any person after having executed a bond, with or without sureties, for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved to the satisfaction of such Magistrate or their successor-in-office to have committed breach of the bond, the Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond. Such order shall be without prejudice to any other punishment or forfeiture to which the person may be liable in accordance with law.

(2)When a person has been ordered by a Magistrate to give security for a period exceeding one year, the Magistrate shall, if the person does not give such security as aforesaid, issue a warrant directing them to be detained in prison pending the orders of the Sessions Judge. The proceedings shall be laid before such Court as soon as conveniently may be.

(3)The Court, after examining such proceedings and requiring further information or evidence from the Magistrate, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit. The period for which a person is imprisoned for failure to give security shall not exceed three years.

(4)If security has been required from two or more persons in the course of the same proceeding, and the proceedings are referred to the Sessions Judge under sub-section (2), the reference shall include the case of any other person who has been ordered to give security. The provisions of sub-sections (2) and (3) shall apply to such other person also, except that the period for which they may be imprisoned shall not exceed the period for which they were ordered to give security.

(5) A Sessions Judge may, at their discretion, transfer any proceedings laid before them under sub-section (2) or sub-section (4) to an Additional Sessions Judge. Upon such transfer, the Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(6) If security is tendered to the officer in charge of the jail, they shall refer the matter to the Court or Magistrate who made the order and await their orders.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple. Where the proceedings have been taken under section 128 or section 129, it shall be either rigorous or simple, as the Court or Magistrate in each case directs.