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 Mohan Jawale

Advocate Mohan Jawale

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

Get Advice
Advocate P A Hadagalihiremath

Advocate P A Hadagalihiremath

Civil, Family, Divorce, Cheque Bounce, Property

Get Advice
Advocate Anshit Balaiya

Advocate Anshit Balaiya

Arbitration, Banking & Finance, Breach of Contract, Court Marriage, Consumer Court, Civil, Cheque Bounce, Divorce, GST, Domestic Violence, Family, High Court, Criminal, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Dr Srinivas Rao P

Advocate Dr Srinivas Rao P

Criminal, Cyber Crime, High Court, International Law, Patent, R.T.I, Startup, Supreme Court, Cheque Bounce

Get Advice
Advocate Rajendran K

Advocate Rajendran K

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Civil, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Medical Negligence, Muslim Law, Startup, R.T.I, Recovery, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Naitik Pandey

Advocate Naitik Pandey

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Anticipatory Bail, Court Marriage

Get Advice
Advocate Sunny Sachdeva

Advocate Sunny Sachdeva

Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, High Court, Property, R.T.I, Recovery, Divorce

Get Advice
Advocate Sangram Singh Rathore

Advocate Sangram Singh Rathore

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Civil, Criminal, GST, Divorce, Cyber Crime, Domestic Violence, High Court, Family, Insurance, Motor Accident, Muslim Law, Property, Recovery, Tax, R.T.I, Labour & Service, Revenue, 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.