Section 136 BNSS: Order to Give Security
Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the Magistrate to order a person to execute a bond or bail bond where, after the inquiry under Section 135, it is proved that security is necessary for keeping the peace or maintaining good behaviour. The section also places express limits on the nature, amount and duration of the security that may be ordered.
Bare Act Text of Section 136 BNSS
Meaning of Section 136 BNSS
Section 136 operates after the inquiry contemplated by Section 135 BNSS. The Magistrate cannot make the final security order merely because proceedings were initiated. The inquiry must establish that requiring security is necessary for keeping the peace or maintaining good behaviour, as applicable to the proceeding.
Once that necessity is proved, the Magistrate is required to make an order for execution of the appropriate bond or bail bond. The final order, however, cannot exceed the limits already specified in the preliminary order under Section 130 BNSS.
When Can the Magistrate Order Security?
| Requirement | Effect under Section 136 |
|---|---|
| Inquiry under Section 135 has been conducted | The Magistrate considers the evidence and the truth of the information on which the proceeding was initiated. |
| Necessity for security is proved | The security must relate to keeping the peace or maintaining good behaviour, depending on the nature of the proceeding. |
| Statutory test is satisfied | The Magistrate shall make an order requiring execution of a bond or bail bond. |
Limits on the Security Order
The proviso to Section 136 is important because it prevents the final security order from becoming more onerous than the preliminary order under Section 130. The Magistrate is bound by the following limits:
- The nature of the security cannot be different from that specified in the Section 130 order.
- The amount cannot be larger than the amount specified in the Section 130 order.
- The period cannot be longer than the period stated in the Section 130 order.
- The amount of the bond or bail bond must be fixed with due regard to the circumstances of the case.
- The amount must not be excessive.
Bond Amount Must Not Be Excessive
Clause (b) of the proviso separately requires the amount of every bond or bail bond to be fixed with due regard to the circumstances of the case. Even where the amount does not exceed what was mentioned in the Section 130 order, it must still satisfy the statutory requirement that it not be excessive.
This means that the Magistrate must consider the circumstances of the particular case rather than mechanically imposing the maximum amount mentioned at the preliminary stage.
Special Rule Where the Person Is a Child
Clause (c) provides a specific safeguard where the person in respect of whom the inquiry is made is a child. In such a case, the bond is to be executed only by the child's sureties.
Relationship with Sections 130, 135 and 137 BNSS
Section 136 should be read as part of the procedural sequence in Chapter IX. Section 130 sets out the preliminary written order and specifies the proposed nature, amount and period of security. Section 135 requires an inquiry into the truth of the information and the taking of necessary evidence.
If the inquiry proves that security is necessary, Section 136 authorises the final order within the statutory limits. If the information is not proved, Section 137 BNSS provides for discharge of the person informed against.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 136 BNSS substantially corresponds to Section 117 of the Code of Criminal Procedure, 1973, which also dealt with the final order to give security after inquiry. For proceedings governed by the BNSS, the current statutory reference is Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Key Points at a Glance
- The final security order follows the inquiry under Section 135.
- Necessity for keeping the peace or maintaining good behaviour must be proved.
- The Magistrate shall order execution of a bond or bail bond when the statutory test is satisfied.
- The order cannot exceed the nature, amount or period stated under Section 130.
- The bond amount must reflect the circumstances of the case and must not be excessive.
- If the person is a child, the bond is executed only by the sureties.
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Related BNSS Sections
This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.