Bharatiya Nagarik Suraksha Sanhita

Section 138

Commencement of period for which security is required

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⚡ Quick Answer Reference: Section 138 BNSS

Provision: Section 138 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
Jurisdiction: India
Summary: This section explains when the period for requiring security starts. If someone is in prison when the order is made, the security period begins after their sentence ends. Otherwise, it starts on the order date unless the Magistrate sets a later date.

Statutory Content

What does Section 138 of BNSS say?

(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

Indian StandardSection 138, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 138 (India)

Court Pleading StandardSection 138 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 138 of BNSS mean?

Plain English Explanation

This section explains when the period for requiring security starts. If someone is in prison when the order is made, the security period begins after their sentence ends. Otherwise, it starts on the order date unless the Magistrate sets a later date.

Practical Interpretation

In practice, this section helps determine the timeline for security requirements based on the individual's circumstances, such as imprisonment or other factors that might influence the start date of the security period.

Core Legal Purpose

The core purpose is to establish a clear commencement point for security requirements, considering the individual's current situation, like imprisonment, to ensure fairness and clarity in legal proceedings.

Key Legal Elements

•The person must be subject to an order requiring security under section 125 or 136.
•The person must be sentenced to or undergoing imprisonment at the time the order is made.
•The key legal test is whether the individual is imprisoned at the time of the order, which affects the start date of the security period.
•A key exception or limitation is the Magistrate's discretion to fix a later date for the commencement of the security period for sufficient reason.

Practical Example

Practical Example of Section 138 BNSS

Rajesh is ordered to provide security under section 125 while he is serving a prison sentence. According to this section, the period for which Rajesh is required to provide security will commence after he completes his prison sentence. However, if Rajesh was not in prison, the security period would start on the date of the order unless the Magistrate decides otherwise for a valid reason.

Common Questions (FAQ)

Frequently Asked Questions about Section 138 BNSS

Q: What is the punishment or consequence under Section 138 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?

The section applies to any person in respect of whom an order requiring security is made under section 125 or 136, without distinction between private individuals and public entities.

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

This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision regarding the commencement of security periods.

Common Questions about Section 138 BNSS

What is Section 138 of BNSS?

Section 138 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Commencement of period for which security is required". In plain terms: This section explains when the period for requiring security starts. If someone is in prison when the order is made, the security period begins after their sentence ends. Otherwise, it starts on the order date unless the Magistrate sets a later date.

What is the punishment under Section 138 of BNSS?

Section 138 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 138 of BNSS bailable or non-bailable?

Whether Section 138 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 138 of BNSS?

The essential elements of Section 138 of BNSS are: The person must be subject to an order requiring security under section 125 or 136.; The person must be sentenced to or undergoing imprisonment at the time the order is made.; The key legal test is whether the individual is imprisoned at the time of the order, which affects the start date of the security period..

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