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Bharatiya Nagarik Suraksha Sanhita

Section 131

Procedure in respect of person present in Court

Quick Answer Reference: Section 131 BNSS

  • Provision: Section 131 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
  • Jurisdiction: India
  • Summary: This section says that if a person is in court when an order about them is made, the order must be read to them or explained in a way they can understand if they want.
Statutory Content

What does Section 131 of BNSS say?

If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

Indian StandardSection 131, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 131 (India)
Court Pleading StandardSection 131 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/131

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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 131 of BNSS mean?

Plain English Explanation

This section says that if a person is in court when an order about them is made, the order must be read to them or explained in a way they can understand if they want.

Practical Interpretation

In practice, this means the court must ensure the person knows what the order says and what it means for them, either by reading it out or explaining it in simpler terms if they ask for that.

Core Legal Purpose

The purpose of this section is to ensure transparency and fairness by making sure the person affected by the order is fully informed about its contents and implications.

Key Legal Elements
  • The person in respect of whom the order is made must be present in court.
  • The order must be read over to the person or the substance thereof explained if they so desire.
  • The key legal test is whether the person has been adequately informed about the order.
  • There is no explicit exception or limitation mentioned in this section.
Practical Example

Practical Example of Section 131 BNSS

For example, if Rajesh is in court when a protection order is made against him, the court must read the order to him or explain its substance if he prefers. This could involve the judge or a court officer explaining what the order means for Rajesh, such as any restrictions on his behavior or movements.

Common Questions (FAQ)

Frequently Asked Questions about Section 131 BNSS

Q: What is the punishment or consequence under Section 131 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 any person in respect of whom an order is made, which could include private individuals.

Q: Is an offence under this section bailable or cognizable?

This section does not create an offence, so it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 131 BNSS

What is Section 131 of BNSS?

Section 131 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in respect of person present in Court". In plain terms: This section says that if a person is in court when an order about them is made, the order must be read to them or explained in a way they can understand if they want.

What is the punishment under Section 131 of BNSS?

Section 131 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 131 of BNSS bailable or non-bailable?

Whether Section 131 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 131 of BNSS?

The essential elements of Section 131 of BNSS are: The person in respect of whom the order is made must be present in court.; The order must be read over to the person or the substance thereof explained if they so desire.; The key legal test is whether the person has been adequately informed about the order..

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