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.
