Law4u - Made in India

What Is BNSS Section 136?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 136: Order to give security

If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, 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 that—

  • (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 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.

Brefe Detail

Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for a Magistrate to order an individual to provide security for maintaining peace or good behaviour based on the findings from an inquiry. The section stipulates conditions regarding the nature, amount, and duration of the bond, especially emphasizing the consideration of circumstances and the status of minors.

Question & Answers

What must be proved for a Magistrate to order a bond?

It must be proved that it is necessary for keeping the peace or maintaining good behaviour.

Can the security ordered be of a different nature or amount?

No, the security must not be different in nature, larger in amount, or longer in duration than specified in the order under section 130.

How is the amount of the bond determined?

The amount shall be fixed with due regard to the circumstances of the case and shall not be excessive.

What happens if the person required to give security is a minor?

The bond shall be executed only by the sureties of the minor.

Example

If a Magistrate determines that a person poses a risk of causing a disturbance, they may require that person to provide a bond of ₹10,000 for a duration of six months, ensuring they maintain good behaviour during that period.

Summary

Section 136 emphasizes the importance of balancing the need for security with fairness in the requirements imposed by the Magistrate. It protects individuals from excessive demands and ensures that minors are treated with additional consideration regarding the execution of bonds.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Nakul Sharma

Advocate Nakul Sharma

Anticipatory Bail, Court Marriage, Criminal, Divorce, Family

Get Advice
Advocate Madupu Chakrapani

Advocate Madupu Chakrapani

Armed Forces Tribunal,Consumer Court,Cyber Crime,Divorce,Family,High Court,Cheque Bounce,Anticipatory Bail,Documentation,Succession Certificate,

Get Advice
Advocate Wankhede Ravindra B

Advocate Wankhede Ravindra B

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Trademark & Copyright, Motor Accident, Labour & Service, Landlord & Tenant, Insurance, Family, High Court, Cheque Bounce, Banking & Finance, Domestic Violence, Medical Negligence, Recovery, Patent, Property, Revenue, Criminal, Corporate, Arbitration

Get Advice
Advocate Gaurav Gupta

Advocate Gaurav Gupta

Anticipatory Bail, Civil, Child Custody, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Satyartha Y

Advocate Satyartha Y

Anticipatory Bail, Banking & Finance, Civil, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Family, Immigration, International Law, Labour & Service, Media and Entertainment, Medical Negligence, Property, R.T.I, Revenue

Get Advice
Advocate Darshan Panchal

Advocate Darshan Panchal

Property, Recovery, Labour & Service, Landlord & Tenant, High Court, Customs & Central Excise, GST, Immigration, International Law, Family, Divorce, Cyber Crime, Documentation, Domestic Violence, Consumer Court, Arbitration, Armed Forces Tribunal, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Breach of Contract, Corporate, Child Custody, Civil, Court Marriage, Criminal, Insurance, Medical Negligence, Media and Entertainment, NCLT, Motor Accident, Muslim Law, R.T.I, Startup, RERA, Trademark & Copyright, Supreme Court, Wills Trusts, Revenue, Succession Certificate, Patent, Tax

Get Advice
Advocate Samiksha Vaigankar

Advocate Samiksha Vaigankar

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Child Custody, Civil, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Labour & Service, High Court, Family, Motor Accident, Succession Certificate, RERA, Recovery, R.T.I, Startup, Revenue, Banking & Finance

Get Advice
Advocate Sandhya Rani Pothana

Advocate Sandhya Rani Pothana

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.