Introduction to Section 136 BNSS
Section 136 BNSS deals with the court’s power to require a person to provide a bond or bail bond for maintaining peace or good conduct. This step comes after the court checks the truth of the complaint or concern raised under Section 135. It also sets limits on the bond’s terms, especially to protect children and prevent unfair conditions.
What is BNSS Section 136 ?
BNSS Section 136 is a preventive legal provision that allows a Magistrate to ask a person to give security (bond or bail bond) if needed to stop them from disturbing peace or behaving badly. It is used only after an inquiry proves there is a real need. The goal is to maintain public safety without punishing anyone unnecessarily.
BNSS Section of 136 in Simple Points
BNSS Section 136 gives power to a Magistrate to order a person to sign a bond or bail bond if it is proved that such a step is necessary to maintain peace or ensure good behaviour. This action is taken after a proper inquiry under Section 135. The purpose is not punishment, but to prevent future trouble. The law ensures the bond is fair, reasonable, and follows proper procedure.
1. Based on Proper Inquiry
Before the Magistrate gives any order under BNSS Section 136, there must be a proper inquiry as per Section 135. This inquiry helps the Magistrate understand if the person is likely to disturb public peace or behave badly in the future. It ensures that no one is punished without reason. The inquiry could include reports from police, past records, and witness statements. The purpose is to collect enough proof that the person might become a threat to peace or safety. Only after confirming the facts, the Magistrate can pass an order. This keeps the legal process fair and avoids misuse of power.
2. Order to Give Bond or Bail Bond
If the inquiry proves the need, the Magistrate can order the person to sign a bond or bail bond. This bond is a legal promise to keep peace or behave properly for a certain time. The bond may include a money amount that the person has to submit as security. If they break this promise, that money can be taken by the court. This method helps control future bad actions without punishing the person for anything they haven’t yet done. It’s like a warning system for people who may cause problems. This helps protect the public peacefully and lawfully.
3. Bond Amount Must Be Fair and Not Harsh
BNSS Section 136 clearly says that the bond cannot be for more money or time than what was originally ordered under Section 130. The Magistrate must also ensure the amount of the bond is not too high or unreasonable. The court must think about the person’s income and situation before fixing the amount. This protects poor people from unfair orders and keeps justice equal for all. Even if the person is rich or poor, the law should treat everyone fairly. The law prevents any misuse by setting limits. So, the system remains balanced and just.
4. Special Protection for Children
If the person against whom the order is made is a child, the bond cannot be signed by the child directly. Instead, it must be signed by the child’s parents or guardians (called sureties). This rule ensures that children are not treated harshly by the law. Children are not expected to understand or handle legal responsibility alone. The court focuses on reform, not punishment, in such cases. The bond acts as a tool to guide the child, with the help of adults. It follows the principle of child safety and support under Indian law.
5. Law is Preventive, Not Punishment-Based
BNSS Section 136 is not meant to punish people for crimes already done. It is used to prevent future actions that might disturb peace or create trouble. It works like a protective step rather than a punishment. The court uses this section to stop a person who might do something wrong if no action is taken. The idea is to ensure safety in society and give a fair warning before someone does harm. The person is given a legal chance to stay on the right path. It’s a peaceful way to stop trouble before it happens.
Section 136 of BNSS Overview
1. Purpose of Section 136
BNSS Section 136 is primarily concerned with maintaining peace and good behaviour within society. It empowers the Magistrate to order an individual to execute a bond or bail bond if it is necessary to prevent a disturbance. If, during an inquiry, it’s found that a person is likely to cause harm, they must promise, under legal terms, to maintain peaceful conduct. The bond acts as a guarantee that the person will abide by the rules of society, and failure to do so may result in legal consequences.
The section is meant to ensure social harmony by providing legal tools to prevent potential disruptions or illegal activities before they occur.
2. Based on the Inquiry Result
Section 136 comes into play only after an inquiry has been conducted under Section 135. During this inquiry, the Magistrate assesses whether a person poses a threat to public peace or has shown behaviour that might disturb social order. The Magistrate must gather all relevant evidence before deciding whether a bond or bail bond is necessary. This ensures that people are not wrongfully forced to give security without valid reasoning. It also ensures that decisions are based on facts and proper legal process, rather than assumptions or incomplete information.
3. Mandatory Bond or Bail Bond
When the inquiry under Section 135 indicates a need to control the person’s behaviour or maintain public peace, the Magistrate must order the person to execute a bond or bail bond. This bond essentially requires the person to legally promise to act in accordance with the law, or face legal consequences. In essence, it’s a preventive step to ensure that the person behaves in a manner that does not harm others or break the peace. The bond serves as a kind of legal contract between the person and the court, holding them accountable for their actions.
4. No Extra or Harsher Conditions Allowed
The terms of the bond cannot be more severe than what was originally set under Section 130. This part of the section ensures that the punishment is fair and reasonable. The purpose of the bond is to help maintain peace, not to punish the person excessively. For example, if the original order asked for a bond of ₹5,000, the Magistrate cannot increase this amount under Section 136. The law limits the discretion of the Magistrate to prevent any unfair or disproportionate punishment.
This provision ensures that the bond does not become a tool for harassment or abuse and keeps the order within reasonable limits.
5. Bond Amount Must Not Be Excessive
The law stresses that the amount of the bond must be set reasonably. The bond should take into consideration the financial situation of the person involved. A person with limited resources should not be asked to pay an excessive bond that they cannot afford. This ensures that the bond serves its intended purpose of maintaining good behaviour and peace, without causing undue financial burden on the individual.
For example, a person with limited income or resources may not be asked to pay a large sum. Instead, the bond should be set at a reasonable amount, keeping in mind the situation and capacity of the person.
6. Special Protection for Children
This part of the law is crucial in protecting minors (children) from being unfairly subjected to legal consequences. If a child is under inquiry, the bond must be executed by their sureties (usually their parents or legal guardians) rather than the child. Children, due to their age and vulnerability, are not expected to sign or pay bonds themselves. This provision ensures that minors are not burdened with the legal requirements meant for adults.
7. Maintaining Good Behaviour and Peace
Section 136 applies when a person is believed to be a threat to public peace or has shown bad behaviour. The bond or bail bond acts as a preventive measure, encouraging the person to follow the law and maintain good behaviour. If the Magistrate feels that the person is a risk to public safety or may commit unlawful acts, they can use this provision to stop the threat before it materializes. It is a preventive step that works in favor of the public interest, ensuring that peace and order are maintained in society.
8. Legal Enforcement of Behaviour
A bond or bail bond issued under Section 136 is not just a formality—it has legal weight. If the person violates the conditions of the bond (for example, by committing another crime or causing harm), they can face serious consequences, such as being arrested or paying additional fines. This legal pressure helps ensure that the person understands the seriousness of the commitment they’ve made to abide by the law and behave responsibly.
In other words, the bond is a legal instrument that ties the person to the law. It ensures that they are held accountable for their future actions.
9. Magistrate’s Discretion is Limited
The Magistrate’s authority to pass orders under Section 136 is not absolute. It is constrained by the earlier orders under Section 130, which means they cannot impose harsher conditions or more severe punishments than what was initially set. This limitation is essential to prevent misuse of the power by the Magistrate. It helps maintain a fair and balanced approach, where individuals are not given unreasonable orders, ensuring that their rights are protected.
10. Balance Between Safety and Rights
BNSS Section 136 is designed to strike a balance between ensuring public safety and protecting individual rights. While it is important to prevent harm to society, it is equally crucial that individuals are not unnecessarily burdened with harsh legal conditions. The section ensures that the person is only required to execute a bond if it is truly necessary and that the terms of the bond are fair and reasonable. This balance protects the public interest while respecting the fundamental rights of individuals.
Example 1: Street Fights
Ramesh was regularly involved in late-night street fights in his neighbourhood. People complained, and police took him to court. The Magistrate held an inquiry under Section 135 and found his actions threatened peace.
Under BNSS Section 136, the court ordered Ramesh to sign a bond to keep peace for one year. He had to deposit ₹3,000 as security. If he broke the peace again, the amount could be seized and stricter action taken.
This helped control Ramesh’s behaviour and keep the area peaceful.
Example 2: Abusive Social Media Posts
Priya was regularly posting abusive and threatening comments online, targeting a local community. The local police warned her, but she continued spreading hate. After inquiry, the Magistrate used BNSS Section 136 to order a bond for good behaviour. Priya had to sign a bail bond of ₹5,000 and promised not to post anything hateful for 6 months. If she failed, legal action would follow. This helped stop future abuse and protected community peace. It was a preventive legal action, not a punishment for past posts.
Section 136 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. When is the order given? | If the Magistrate finds in the inquiry that a person may disturb peace or misbehave, he can order security. |
| 2. What type of security? | The person may be ordered to give a bond or bail bond to ensure peace or good behaviour. |
| 3. Limits of security conditions | The bond cannot be harsher or longer than what was originally mentioned under Section 130. |
| 4. Bond amount must be fair | The court must set a reasonable amount by looking at the person’s financial and case situation. |
| 5. Children have special protection | If the person is a child, only the sureties (like parents/guardians) need to sign the bond. |
Why is BNSS Section 136 Needed?
BNSS Section 136 is needed to prevent crimes before they happen. Sometimes, people may cause trouble, threaten peace, or act dangerously. This law allows courts to legally warn and control such persons before they harm others. It gives the government a peaceful way to ensure public safety without immediate punishment. It also ensures fairness by using inquiries and limiting harsh conditions.
BNSS Section 136 FAQs
BNSS 136
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