Section 137 BNSS: Discharge of Person Informed Against
Section 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the consequence when, after an inquiry under Section 135, the necessity for requiring a person to execute a bond for keeping the peace or maintaining good behaviour is not proved. In that situation, the Magistrate must record the result and release or discharge the person, depending on whether the person is in custody.
Bare Act Text of Section 137 BNSS
Meaning of Section 137 BNSS
Section 137 is the protective conclusion to the inquiry procedure under Section 135 BNSS. Preventive security proceedings do not automatically result in an order to furnish security. The evidence produced during the inquiry must establish that requiring security is necessary for keeping the peace or maintaining good behaviour.
If that necessity is not proved, Section 137 requires the Magistrate to record the finding and bring the proceeding against the person to an end by release or discharge, as the circumstances require.
When Does Section 137 Apply?
| Requirement | Consequence |
|---|---|
| An inquiry has been conducted under Section 135 | The Magistrate evaluates whether security is necessary for keeping the peace or maintaining good behaviour. |
| Necessity for execution of a bond is not proved | The Magistrate must make an entry on the record to that effect. |
| The person is in custody only for purposes of the inquiry | The Magistrate shall release the person. |
| The person is not in custody | The Magistrate shall discharge the person. |
Release from Custody under Section 137
Where the person is in custody solely because of the security inquiry, failure to prove the necessity for a bond requires release. The words "only for the purposes of the inquiry" are important. Section 137 addresses custody attributable to that inquiry and does not itself determine the effect of any separate lawful detention arising from another case or order.
Discharge Where the Person Is Not in Custody
If the person is not in custody, the statutory consequence is discharge. This terminates the preventive security proceeding arising from the information that was examined in the Section 135 inquiry when the required necessity has not been proved.
Magistrate Must Make an Entry on the Record
Section 137 expressly requires the Magistrate to make an entry on the record that the necessity for requiring the bond has not been proved. This creates a formal record of the outcome of the inquiry before the person is released or discharged.
Section 136 and Section 137: Two Possible Outcomes
Sections 136 and 137 operate as alternative outcomes after the inquiry under Section 135. If the evidence proves that security is necessary, Section 136 BNSS requires an order to give security, subject to the statutory limits on the bond or bail bond. If necessity is not proved, Section 137 requires release or discharge.
| Finding after Section 135 inquiry | Applicable provision | Result |
|---|---|---|
| Security is proved necessary | Section 136 BNSS | Order to execute the appropriate bond or bail bond. |
| Security is not proved necessary | Section 137 BNSS | Record the finding and release or discharge the person. |
Key Points at a Glance
- Section 137 applies after an inquiry under Section 135.
- The issue is whether security is proved necessary for keeping the peace or maintaining good behaviour.
- If necessity is not proved, the Magistrate must record that finding.
- A person held in custody only for the inquiry must be released.
- A person who is not in custody must be discharged.
- The provision is the counterpart to Section 136, which applies where the necessity for security is proved.
Relationship with Sections 130 to 138 BNSS
The procedure normally begins with the preliminary order under Section 130 BNSS. Sections 131 to 134 deal with the person's appearance, summons or warrant, delivery of the preliminary order and personal attendance. Section 135 provides for the inquiry into the truth of the information.
If security is proved necessary, Section 136 applies. If it is not proved necessary, Section 137 requires release or discharge. Where an order requiring security is made, Section 138 BNSS governs commencement of the period for which security is required.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 137 BNSS substantially corresponds to Section 118 of the Code of Criminal Procedure, 1973, which was also titled "Discharge of person informed against". Under the BNSS, the inquiry provision is Section 135 and the discharge provision is Section 137.
Official Legal Resources
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.