Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 130: Order to be made
When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the fitness for payment of sureties.
Brefe Detail
Section 130 outlines the procedure a Magistrate must follow when requiring a person to show cause under specific sections related to maintaining peace and good behavior. It mandates that the Magistrate issues a written order detailing the information received, the bond amount, duration, and number of sureties required.
Question & Answers
What is the purpose of Section 130?
Section 130 specifies how a Magistrate should issue an order when requiring a person to show cause under certain sections concerning good behavior and peacekeeping.
What details must the written order contain?
The written order must include the substance of the information received, the amount of the bond to be executed, the term for which it is in force, and the number of sureties.
Under which sections can a Magistrate act according to Section 130?
A Magistrate can act under sections 126, 127, 128, or 129.
Example
1. Scenario: A Magistrate receives information that an individual has a history of disturbing public peace.
Order Issued: The Magistrate issues a written order stating the bond amount is ₹10,000, the term is one year, and two sureties are required.
2. Scenario: An Executive Magistrate suspects a person of disseminating seditious material.
Order Issued: The order specifies the need for the individual to show cause why they should not execute a bond for their good behavior.
Summary
Section 130 establishes the framework for Magistrates to require individuals to demonstrate why they should not be ordered to execute a bond for good behavior. It emphasizes the necessity of a formal written order that includes essential details regarding the bond, its duration, and sureties involved.
