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 Piyush Mani Tripathi

Advocate Piyush Mani Tripathi

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Ommi Vara Laxmi

Advocate Ommi Vara Laxmi

Labour & Service, High Court, Insurance, Motor Accident, Divorce, Cheque Bounce, Anticipatory Bail, Criminal, Succession Certificate

Get Advice
Advocate Durgesh Kumar Tiwari

Advocate Durgesh Kumar Tiwari

Anticipatory Bail, Banking & Finance, Breach of Contract, Civil, Court Marriage, Cyber Crime, Divorce, Criminal, Domestic Violence, Family, Muslim Law, Property, Revenue, Succession Certificate, Trademark & Copyright, Supreme Court, Medical Negligence, Media and Entertainment, Landlord & Tenant, Labour & Service, Consumer Court, Cheque Bounce, Child Custody

Get Advice
Advocate Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Vaijanath Vithalrao Lande

Advocate Vaijanath Vithalrao Lande

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Darshan Panchal

Advocate Darshan Panchal

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

Get Advice
Advocate Mahesh Agarwal

Advocate Mahesh Agarwal

Consumer Court, Civil, Banking & Finance, Cheque Bounce, Breach of Contract

Get Advice
Advocate Rajan Kanoujia

Advocate Rajan Kanoujia

Anticipatory Bail,Arbitration,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Medical Negligence,Patent,R.T.I,RERA,Succession Certificate,Trademark & Copyright,Wills Trusts,

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.