Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 137: Discharge of person informed against
If, on an inquiry under section 135, it is not 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, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Brefe Detail
Section 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for discharging a person if it is determined during an inquiry that executing a bond for keeping the peace or maintaining good behaviour is not necessary. It emphasizes the authority of the Magistrate to either release the individual from custody or discharge them if they are not in custody.
Question & Answers
What happens if the inquiry under section 135 does not prove the need for a bond?
The Magistrate will make an entry on record indicating that it is not necessary for the person to execute a bond. If the person is in custody for the inquiry, they will be released. If they are not in custody, they will be discharged.
Who has the authority to discharge a person under this section?
The authority to discharge a person lies with the Magistrate conducting the inquiry.
What must be done if the inquiry proves that a bond is not necessary?
The Magistrate must make a record of this finding and take appropriate action to either release or discharge the individual.
Example
1. If a person is brought before a Magistrate under an inquiry and it is found that they do not need to maintain peace, the Magistrate will document this and release the individual if they are in custody.
2. A person not in custody but subject to inquiry will be formally discharged if the inquiry determines that executing a bond is unnecessary.
Summary
Section 137 ensures that individuals are not unduly subjected to bonds for keeping the peace if such measures are found unnecessary during an inquiry. The section grants the Magistrate the power to release or discharge individuals based on the findings of the inquiry.
