Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure a Magistrate must follow when requiring a person to show cause under sections 126, 127, 128, or 129 of the same Act.
📜 Text of Section 130 – Order to be Made
When a Magistrate acting under section 126, section 127, section 128, or section 129, deems it necessary to require any person to show cause under such section, he shall 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, after considering the sufficiency and fitness of sureties.
🔍 Explanation
Section 130 mandates that when a Magistrate, acting under the specified sections, decides it is necessary to require a person to show cause, they must issue a written order. This order must include:
Substance of the Information: A summary of the information received that led to the necessity of requiring the person to show cause.
Amount of the Bond: The monetary value of the bond the person is required to execute.
Term of the Bond: The duration for which the bond will remain in force.
Number of Sureties: The number of sureties required, after considering their sufficiency and fitness.
This procedure ensures that the person is informed of the reasons for the action and the conditions attached, thereby upholding principles of fairness and transparency in legal proceedings.
⚖️ Corresponding Provision in the Code of Criminal Procedure (CrPC)
The equivalent provision in the Code of Criminal Procedure, 1973, is Section 111. Both sections serve a similar purpose in their respective legal frameworks, outlining the procedure for a Magistrate to require a person to show cause under specific circumstances.
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