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Section 130 BNSS: Order to Be Made

Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the written order that a Magistrate must make when, while acting under Section 126, 127, 128 or 129, the Magistrate considers it necessary to require a person to show cause in a preventive security proceeding.

Text of Section 130 - Order to be made

Official source: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.

Meaning and purpose of Section 130 BNSS

Section 130 is a procedural safeguard within Chapter IX of the BNSS, which deals with security for keeping the peace and for good behaviour. It applies after the Magistrate reaches the stage of considering it necessary to call upon a person to show cause under one of the preventive-security provisions specified in the section.

The section requires the basis and proposed terms of the security proceeding to be recorded in a written order. This gives the person proceeded against notice of the substance of the information and of the security that may be required.

Proceedings to which Section 130 applies

Section 130 expressly applies when a Magistrate is acting under Sections 126, 127, 128 or 129 of the BNSS.

Section 125, which concerns security for keeping peace on conviction, is not listed in Section 130. Section 130 is therefore specifically tied to the show-cause proceedings under Sections 126 to 129.

Mandatory contents of the written order

1. Substance of the information received

The written order must state the substance of the information on which the preventive proceeding is founded. This identifies the factual basis on which the Magistrate considers it necessary to require the person to show cause.

2. Amount of the bond

The order must specify the amount of the bond proposed to be executed. The requirement should be stated clearly in the order itself.

3. Term of the bond

The order must specify the period for which the bond is proposed to remain in force. The permissible maximum period depends on the substantive section under which the proceeding is initiated.

4. Number of sureties

The order must state the number of sureties required. Section 130 additionally requires the Magistrate to consider the sufficiency and fitness of sureties.

What happens after an order under Section 130

The provisions immediately following Section 130 regulate the further procedure. Section 131 deals with a person who is present in Court. Section 132 provides for summons or warrant where the person is not present. Section 133 requires a copy of the Section 130 order to accompany the summons or warrant. Section 134 permits personal attendance to be dispensed with in appropriate cases.

Section 135 provides for an inquiry into the truth of the information. Section 136 deals with an order to give security where the Magistrate is satisfied, after inquiry, that security is necessary, while Section 137 provides for discharge where such necessity is not proved.

Related BNSS provisions

For the complete sequence of preventive-security proceedings, see Section 126, Section 127, Section 128, Section 129, and the succeeding provisions beginning with Section 131.