- 13-Jan-2025
- Criminal Law
(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases, such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
This section outlines when the period for which a person must provide security begins. If the individual is currently serving a prison sentence when the security order is made, the requirement starts after their release. In other situations, the period typically begins on the order date unless a Magistrate specifies a later start.
A: The security period starts on the expiration of their prison sentence.
A: The security period begins on the date of the order unless a Magistrate sets a later date.
A: Yes, the Magistrate can fix a later date for sufficient reasons.
- Example 1: If a person is sentenced to 2 years in prison and an order requiring security is made during their imprisonment, their security requirement will begin after they serve the full 2 years.
- Example 2: If a person is ordered to provide security on January 1st, and they are not in custody, their security requirement will begin on that date unless the Magistrate states otherwise.
Section 138 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies when the obligation to provide security starts. For those in prison, the requirement begins after their sentence ends. For others, it typically starts on the order date, with the possibility of a later start date as determined by the Magistrate.
Answer By Law4u Team
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