Section 136 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 136 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers a Magistrate to mandate an individual to execute a bond or bail bond to ensure the maintenance of peace or good behavior. This provision is a preventive measure aimed at individuals whose conduct may pose a threat to public order or safety.
๐ Text of Section 136
Order to give security
If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behavior, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided thatโ
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130;
(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.
โ๏ธ Legal Implications
Preventive Action: Section 136 allows authorities to take proactive steps to prevent potential disturbances to public peace or order.
Judicial Oversight: The Magistrate's discretion is guided by the necessity to maintain peace or good behavior, ensuring that orders are not arbitrary.
Protection of Rights: The provision includes safeguards to prevent excessive or unjust demands for security, particularly concerning minors.
๐ Example Scenario
Scenario: An individual has been involved in multiple public disturbances and is suspected of planning another protest that could disrupt public order.
Application of Section 136:
Inquiry: The Magistrate conducts an inquiry to assess the necessity of preventive action.
Determination: Based on the inquiry, the Magistrate concludes that the individual poses a threat to public peace.
Order: The Magistrate orders the individual to execute a bond, with or without sureties, ensuring their commitment to maintaining good behavior.
Conditions: The bond's amount and duration are set with due regard to the circumstances, ensuring they are not excessive.
Execution: If the individual is a minor, the bond is executed only by their sureties.
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