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 sufficiency and fitness of sureties.
Bharatiya Nagarik Suraksha Sanhita
Section 130
Order to be made
Englishहिंदी
⚡ Quick Answer Reference: Section 130 BNSS
- Provision: Section 130 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: When a Magistrate makes an order under certain sections, they must write it down and include details like the reason for the order, the amount of the bond, the time it's valid for, and the number of sureties. This ensures the order is clear and fair.
Statutory Content
What does Section 130 of BNSS say?
Indian StandardSection 130, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 130 (India)
Court Pleading StandardSection 130 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/130
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 130 of BNSS mean?
Plain English Explanation
When a Magistrate makes an order under certain sections, they must write it down and include details like the reason for the order, the amount of the bond, the time it's valid for, and the number of sureties. This ensures the order is clear and fair.
Practical Interpretation
In real practice, this section means that a Magistrate must document their order in writing, specifying the grounds for the order, the bond amount, the duration, and the number of sureties. This helps ensure transparency and fairness in the process.
Core Legal Purpose
The core purpose of this section is to ensure that Magistrates make clear and fair orders when requiring a person to show cause, by specifying the necessary details in writing.
Key Legal Elements
- •A Magistrate must make an order in writing when requiring a person to show cause.
- •The order must set forth the substance of the information received.
- •The order must specify the amount of the bond to be executed.
- •The order must specify the term for which the bond is to be in force.
- •The order must specify the number of sureties.
Practical Example
Practical Example of Section 130 BNSS
Rajesh, a Magistrate, is acting under Section 126 and requires Priya to show cause. He makes an order in writing, specifying that the bond amount is ₹10,000, the term is 6 months, and there must be two sureties. This order is then served to Priya, who must comply with the requirements.
Common Questions (FAQ)
Frequently Asked Questions about Section 130 BNSS
Q: What is the punishment or consequence under Section 130 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a procedural provision that governs the actions of Magistrates.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 130 BNSS
What is Section 130 of BNSS?
Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order to be made". In plain terms: When a Magistrate makes an order under certain sections, they must write it down and include details like the reason for the order, the amount of the bond, the time it's valid for, and the number of sureties. This ensures the order is clear and fair.
What is the punishment under Section 130 of BNSS?
Section 130 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 130 of BNSS bailable or non-bailable?
Whether Section 130 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 130 of BNSS?
The essential elements of Section 130 of BNSS are: A Magistrate must make an order in writing when requiring a person to show cause.; The order must set forth the substance of the information received.; The order must specify the amount of the bond to be executed..
Landmark Case Laws
Landmark Judgments under Section 130 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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