What Is BNSS Section 138?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 138: Commencement of period for which security is required.

(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.

Brefe Detail

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.

Question & Answers

Q: When does the security period start for someone currently imprisoned?

A: The security period starts on the expiration of their prison sentence.

Q: What if the person is not imprisoned?

A: The security period begins on the date of the order unless a Magistrate sets a later date.

Q: Can the Magistrate change the start date for security?

A: Yes, the Magistrate can fix a later date for sufficient reasons.

Example

- 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.

Summary

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.