Section 138 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 138 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governs the commencement of the period for which security is required from individuals under Sections 125 or 136. This provision ensures clarity regarding when the obligation to provide security begins, particularly in cases involving imprisonment.
📜 Text of Section 138
Section 138 – Commencement of period for which security is required
(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases, such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
⚖️ Legal Significance
Section 138 provides a clear framework for determining when the period for which security is required begins:
Subsection (1) addresses situations where the individual is already sentenced to or undergoing imprisonment at the time the security order is made. In such cases, the obligation to provide security commences upon the expiration of the sentence.
Subsection (2) applies to other scenarios, stating that the security period begins on the date the order is made, unless the Magistrate specifies a later date for valid reasons.
This provision ensures that individuals are not unfairly burdened with security obligations during periods when they are incarcerated and unable to comply.
🔄 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 138 of the BNSS corresponds to Section 119 of the Code of Criminal Procedure (Cr.P.C.), which similarly outlines the commencement of the period for which security is required. Both provisions aim to provide consistency and fairness in determining the start of the security period.
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