Bharatiya Nagarik Suraksha Sanhita

Section 137

Discharge of person informed against

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⚡ Quick Answer Reference: Section 137 BNSS

Provision: Section 137 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 an inquiry under section 135 does not prove that a person needs to execute a bond for keeping the peace or maintaining good behavior, the Magistrate must release or discharge the person.

Statutory Content

What does Section 137 of BNSS say?

If, on an inquiry under section 135, it is not 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, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

Indian StandardSection 137, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 137 (India)

Court Pleading StandardSection 137 of the Bharatiya Nagarik Suraksha Sanhita

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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 137 of BNSS mean?

Plain English Explanation

This section says that if an inquiry under section 135 does not prove that a person needs to execute a bond for keeping the peace or maintaining good behavior, the Magistrate must release or discharge the person.

Practical Interpretation

In practice, this section ensures that individuals are not unnecessarily detained or bound by a bond if there is no evidence to suggest they pose a threat to peace or good behavior.

Core Legal Purpose

The core purpose of this section is to protect individual rights and prevent arbitrary detention or bonding, ensuring that the legal process is fair and just.

Key Legal Elements

•The inquiry must be conducted under section 135.
•The Magistrate must find that executing a bond is not necessary for keeping the peace or maintaining good behavior.
•The key legal test is whether the person's actions necessitate a bond for the sake of public order.
•A key exception is if the person is in custody for reasons other than the inquiry under section 135.

Practical Example

Practical Example of Section 137 BNSS

Rajesh is brought before the Magistrate under section 135 due to allegations of disturbing the peace. After the inquiry, the Magistrate finds no evidence to suggest Rajesh's actions warrant a bond. The Magistrate then releases Rajesh, as there is no basis to keep him in custody or require a bond for maintaining good behavior.

Common Questions (FAQ)

Frequently Asked Questions about Section 137 BNSS

Q: What is the punishment or consequence under Section 137 of BNSS?

There is no direct punishment under Section 137, as it deals with the discharge of a person informed against, focusing on the procedural outcome rather than imposing penalties.

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

This section applies to private individuals who are the subject of an inquiry under section 135, aiming to determine whether they should be required to execute a bond for keeping the peace or maintaining good behavior.

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

Section 137 itself does not define an offence but rather a procedural step in the legal process. The bailability or cognizability would depend on the underlying offence or allegations that led to the inquiry under section 135.

Common Questions about Section 137 BNSS

What is Section 137 of BNSS?

Section 137 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge of person informed against". In plain terms: This section says that if an inquiry under section 135 does not prove that a person needs to execute a bond for keeping the peace or maintaining good behavior, the Magistrate must release or discharge the person.

What is the punishment under Section 137 of BNSS?

Section 137 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 137 of BNSS bailable or non-bailable?

Whether Section 137 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 137 of BNSS?

The essential elements of Section 137 of BNSS are: The inquiry must be conducted under section 135.; The Magistrate must find that executing a bond is not necessary for keeping the peace or maintaining good behavior.; The key legal test is whether the person's actions necessitate a bond for the sake of public order..

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