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Bharatiya Nagarik Suraksha Sanhita

Section 135

Inquiry as to truth of information

Quick Answer Reference: Section 135 BNSS

  • Provision: Section 135 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
  • Jurisdiction: India
  • Summary: This section explains how a Magistrate inquires into the truth of information after an order has been made, and the procedures for taking evidence and ensuring public safety.
Statutory Content

What does Section 135 of BNSS say?

(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded: Provided that— (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130. (4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

Indian StandardSection 135, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 135 (India)
Court Pleading StandardSection 135 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/135

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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 135 of BNSS mean?

Plain English Explanation

This section explains how a Magistrate inquires into the truth of information after an order has been made, and the procedures for taking evidence and ensuring public safety.

Practical Interpretation

In practice, this section guides Magistrates on conducting inquiries, considering public safety, and managing detention or bail, ensuring a fair and efficient process.

Core Legal Purpose

The core purpose is to provide a framework for Magistrates to investigate the truth of information, balance individual rights with public safety, and follow due process in a timely manner.

Key Legal Elements
  • An order under section 130 must have been made or explained to the person.
  • The person must appear or be brought before a Magistrate.
  • The Magistrate must consider the need for immediate measures to prevent a breach of peace or public disturbance.
  • The conditions of any bond or bail bond must not be more onerous than those specified in the order under section 130.
Practical Example

Practical Example of Section 135 BNSS

Rajesh is brought before a Magistrate after an order under section 130 is made against him. The Magistrate inquires into the truth of the information and considers whether Rajesh should be detained or released on bail. If the Magistrate believes public safety is at risk, he may direct Rajesh to execute a bond for keeping the peace until the inquiry is concluded.

Common Questions (FAQ)

Frequently Asked Questions about Section 135 BNSS

Q: What is the punishment or consequence under Section 135 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for inquiry and considerations for public safety.

Q: Does this section apply to private individuals or public entities?

This section applies to individuals who are the subject of an order under section 130, which can include private individuals.

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

This section does not define an offence but rather a procedural step in the legal process. Bail considerations are part of the inquiry process as outlined.

People Also Ask (PAA)

Common Questions about Section 135 BNSS

What is Section 135 of BNSS?

Section 135 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Inquiry as to truth of information". In plain terms: This section explains how a Magistrate inquires into the truth of information after an order has been made, and the procedures for taking evidence and ensuring public safety.

What is the punishment under Section 135 of BNSS?

Section 135 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 135 of BNSS bailable or non-bailable?

Whether Section 135 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 135 of BNSS?

The essential elements of Section 135 of BNSS are: An order under section 130 must have been made or explained to the person.; The person must appear or be brought before a Magistrate.; The Magistrate must consider the need for immediate measures to prevent a breach of peace or public disturbance..

Landmark Case Laws

Landmark Judgments under Section 135 BNSS

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India