Law4u - Made in India

What Is BNSS Section 137?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ramprasad Gaikwad

Advocate Ramprasad Gaikwad

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 Eraz Alam

Advocate Eraz Alam

Criminal, Motor Accident, Arbitration, Divorce, Domestic Violence

Get Advice
Advocate Sandip Eknath Virle

Advocate Sandip Eknath Virle

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Muslim Law, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Gyan Tripathi

Advocate Gyan Tripathi

Anticipatory Bail, Civil, Divorce, Domestic Violence, Family, Property, Criminal, Consumer Court, Child Custody, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Court Marriage, Labour & Service, Motor Accident, R.T.I, Revenue, Wills Trusts, Trademark & Copyright, GST

Get Advice
Advocate Pankaj Kumar Tiwary

Advocate Pankaj Kumar Tiwary

Anticipatory Bail, Corporate, Civil, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, Trademark & Copyright, High Court

Get Advice
Advocate Priyank Dev Sharma

Advocate Priyank Dev Sharma

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Divorce, Family, Muslim Law, R.T.I

Get Advice
Advocate Saurabh Chandra Agarwal

Advocate Saurabh Chandra Agarwal

GST, Startup, Tax, Breach of Contract, Trademark & Copyright

Get Advice
Advocate Sandeep Kummar

Advocate Sandeep Kummar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, R.T.I, Property, Recovery, Wills Trusts, Succession Certificate

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.