What Is BNSS Section 135?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 135: Inquiry as to truth of information

(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:

• Provided that—
• (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond for maintaining good behaviour;
• (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

• Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

Brefe Detail

Section 135 outlines the procedure for a Magistrate to inquire into the truth of information leading to an order under Section 130. It specifies how the inquiry should be conducted, including the possibility of detaining individuals for their safety or public safety, and sets a timeline for completing the inquiry. It also addresses how habitual offenders may be dealt with and the conditions under which proceedings may be extended.

Question & Answers

Q1: What happens when an order under section 130 is read to a person?

A1: The Magistrate will inquire into the truth of the information on which the order was based and may take further evidence.

Q2: How should the inquiry be conducted?

A2: The inquiry should be conducted in a manner similar to trials for summons-cases.

Q3: What can the Magistrate do if immediate measures are necessary?

A3: The Magistrate can direct the person to execute a bond for keeping the peace or maintaining good behavior until the inquiry concludes.

Q4: How long does the inquiry need to be completed?

A4: The inquiry must be completed within six months from its commencement.

Q5: What if the inquiry is not completed in six months?

A5: The proceedings will stand terminated unless special reasons are recorded by the Magistrate for the delay.

Q6: Can multiple persons involved in the inquiry be dealt with together?

A6: Yes, they may be dealt with in the same or separate inquiries as deemed just by the Magistrate.

Example

1. If a person appears in court following a summons related to a disturbance, the Magistrate will inquire into the information leading to that summons.

2. In a case where two individuals are accused of similar offenses, the Magistrate can choose to conduct a single inquiry for both.

Summary

Section 135 of the Bharatiya Nagarik Suraksha Sanhita provides a framework for Magistrates to investigate the truth of information related to potential offenses. It emphasizes the importance of timely inquiries, the rights of individuals, and the procedures for ensuring public safety while balancing the need for justice.