If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130; (b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.
Bharatiya Nagarik Suraksha Sanhita
Section 136
Order to give security
Englishहिंदी
⚡ Quick Answer Reference: Section 136 BNSS
- Provision: Section 136 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: This section requires a person to give security if an inquiry proves it necessary for keeping the peace or maintaining good behavior.
Statutory Content
What does Section 136 of BNSS say?
Indian StandardSection 136, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 136 (India)
Court Pleading StandardSection 136 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/136
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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 136 of BNSS mean?
Plain English Explanation
This section requires a person to give security if an inquiry proves it necessary for keeping the peace or maintaining good behavior.
Practical Interpretation
In practice, this section allows a Magistrate to order a person to execute a bond or bail bond if an inquiry shows it is necessary for maintaining peace or good behavior.
Core Legal Purpose
The core purpose is to ensure public safety and order by requiring individuals to provide security when their behavior poses a risk to others.
Key Legal Elements
- •An inquiry must be conducted to determine the necessity of the security order.
- •The Magistrate must make an order for the person to execute a bond or bail bond if necessary.
- •The amount of the bond or bail bond must be fixed with due regard to the circumstances of the case.
- •The bond shall be executed only by sureties if the person is a child.
Practical Example
Practical Example of Section 136 BNSS
For example, if Rajesh is suspected of causing public disturbance, a Magistrate may conduct an inquiry and order him to execute a bond to ensure he maintains good behavior. If Rajesh fails to comply, the Magistrate may take further action.
Common Questions (FAQ)
Frequently Asked Questions about Section 136 BNSS
Q: What is the punishment or consequence under Section 136 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 individuals, including children, who are subject to an inquiry regarding their behavior.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, but rather with the procedure for ordering security to maintain public peace and order.
People Also Ask (PAA)
Common Questions about Section 136 BNSS
What is Section 136 of BNSS?
Section 136 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order to give security". In plain terms: This section requires a person to give security if an inquiry proves it necessary for keeping the peace or maintaining good behavior.
What is the punishment under Section 136 of BNSS?
Section 136 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 136 of BNSS bailable or non-bailable?
Whether Section 136 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 136 of BNSS?
The essential elements of Section 136 of BNSS are: An inquiry must be conducted to determine the necessity of the security order.; The Magistrate must make an order for the person to execute a bond or bail bond if necessary.; The amount of the bond or bail bond must be fixed with due regard to the circumstances of the case..
Landmark Case Laws
Landmark Judgments under Section 136 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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