Introduction to Section 130 BNSS / Legal Procedure for Preventive Actions
Section 130 BNSS is part of the preventive justice system. It ensures that when a Magistrate believes a person might disturb public peace or commit a crime, the Magistrate follows a fair and transparent process. The section says the Magistrate must issue a written order with all important details like the information received, the bond terms, and the fitness of sureties. This ensures the person knows exactly why action is being taken and what is expected from them.
What is BNSS Section 130 ?
BNSS Section 130 explains what a Magistrate must do when taking action under Sections 126 to 129. It says that if the Magistrate wants someone to explain why they should not be ordered to give a bond for keeping peace or good behaviour, he must give a written order. This written order must clearly state the reason, the bond amount, duration, and the number of sureties needed.
BNSS Section of 130 in Simple Points
1. Magistrate Must Give a Written Order
When a Magistrate decides to take preventive action under Section 126, 127, 128, or 129, they cannot act orally or casually. The law clearly says that the Magistrate must prepare an official written order.
This order is like a legal document that makes the action valid in the eyes of the law. It avoids any confusion or misuse of power and also protects the rights of the person against whom the action is being taken.
2. Reason for the Action Must Be Clearly Mentioned
The Magistrate must write down the reason why the person is being asked to give security or a bond for good behaviour.
This includes a summary of the complaint, tip-off, police report, or evidence that led the Magistrate to act. The person must know what they are being accused of or suspected for, so they can prepare a defence if needed. This step promotes transparency and fairness.
3. Bond Amount and Duration Must Be Fixed
In the written order, the Magistrate must clearly mention the exact bond amount — for example, ₹20,000 or ₹50,000 — which the person must promise to pay if they break the conditions.
The order must also mention how long the bond will be valid — it could be up to 1 year (for suspected persons) or up to 3 years (for habitual offenders).
This avoids confusion later and ensures that both parties (the person and the court) know what is expected.
4. Number of Sureties Must Be Specified
A surety is a person who guarantees that the accused person will behave well. If the accused breaks the law again, the surety may lose money or face legal action.
The Magistrate must write down how many sureties are required — for example, 1 or 2 reliable persons. This is a safety measure to ensure compliance with the law and to provide some social accountability from the community.
5. Sureties Must Be Fit and Sufficient
The Magistrate cannot accept just any person as a surety. They must check if the sureties are “fit and sufficient”, which means:
- They should be law-abiding citizens
- They should not have criminal records
- They must be financially stable
- They must be capable of ensuring that the accused person behaves well
This step helps ensure that the security bond is meaningful, not just a formality, and that it truly helps in preventing crime.
Section 130 of BNSS Overview
BNSS Section 130 ensures that when a Magistrate takes preventive action under Sections 126 to 129, it must be done through a written order. The order should include key details such as the reason for action, the bond amount, duration, and the sureties. This section promotes transparency and fairness in preventive justice by setting clear legal steps for the Magistrate.
BNSS Section 130 – 10 Key Points (More Detailed, Paragraph-Wise)
1. Applies When Action Taken Under Sections 126 to 129
If a Magistrate is acting under:
- Section 126 (Security for keeping peace in disputes),
- Section 127 (Peace for public tranquillity),
- Section 128 (Good behaviour from suspicious persons), or
- Section 129 (Good behaviour from habitual offenders),
then Section 130 comes into play and makes it compulsory to issue a written order.
2. Magistrate Must Give a Written Order
The Magistrate must not issue any verbal directions. If preventive action is being taken against a person, a written order must be prepared. This order becomes the official legal proof that action is being taken properly and fairly.
3. Order Must State the Information Received
The written order must clearly mention the reason or information that made the Magistrate believe action is needed. This could be:
- A police report
- A complaint from local people
- Confidential intelligence
Without proper reason mentioned in writing, the order cannot be considered fair or valid
4. Amount of Bond Must Be Specified
The order should mention the exact amount of the bond or bail bond that the person must provide. For example, it might say the person must give a ₹10,000 bond to promise good behaviour. This prevents confusion or unfair demands later.
5. Time Period of the Bond Must Be Written
The time duration of the bond must be clearly mentioned. It cannot be indefinite. For example:
- Section 128 bonds can be for up to 1 year
- Section 129 bonds can be for up to 3 years
The Magistrate decides the period based on the risk involved, and that too must be written in the order.
6. Number of Sureties Must Be Mentioned
The order must mention how many sureties (people who will act as guarantors for the accused) are required. For example, the Magistrate might say the person must bring 2 sureties. These people legally promise that the person will follow the order.
7. Fitness of Sureties Must Be Checked
The Magistrate must also check whether the sureties are genuine and suitable. This means:
- They should not be criminals
- They should be financially able to pay if needed
- They should have a good reputation
This check prevents misuse of the system by presenting fake or irresponsible people as sureties.
8. Prevents Arbitrary Use of Power
This section is a check against misuse of authority. If the Magistrate had the power to demand bonds without any record or proof, innocent people could be harassed. Section 130 makes sure all such actions are backed with proper written reasons.
9. Gives Clarity to the Person Involved
When a person receives the order, they will clearly understand:
- Why this action is being taken
- How much they need to pay
- For how long they need to follow the bond
- Who can be their surety
This helps them take legal help or make preparations without confusion.
10. Based on the Principle of Natural Justice
The section supports the legal principle of natural justice, which means everyone must be informed of actions against them and given a fair chance to reply. Without Section 130, the system would be one-sided. This section balances legal power with fairness.
Example 1:
A person is habitually involved in local fights. A Magistrate gets reports from police under BNSS Section 126. The Magistrate issues a written order under Section 130 requiring the person to explain why he should not give a bond to keep peace for 1 year with two sureties.
Example 2:
Police inform the Magistrate that a man in town is hiding and may be planning a theft (BNSS Section 128). The Magistrate writes an official order explaining this and asks him to give a bond of ₹10,000 for good behaviour, with one surety, for six months.
Section 130 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Applies with Sections 126–129 | This section is used only when a Magistrate acts under BNSS Sections 126, 127, 128, or 129, all of which deal with peace and good behaviour. |
| 2. Magistrate Must Issue a Written Order | The Magistrate must write an official order, not just give verbal instructions. This written document is a legal requirement. |
| 3. Must Include the Reason for Action | The order must clearly mention the substance of the information received—why the person is being asked to give a bond. |
| 4. Bond Details Must Be Specified | The Magistrate must mention the bond amount, how long it will last (the term), and how many sureties (guarantors) are needed. |
| 5. Surety Suitability to Be Checked | Before finalizing, the Magistrate must check if the sureties are suitable and financially capable of standing as guarantors. |
Why Is BNSS Section 130 Important?
This section is important because it:
Helps the accused understand the case and respond legally.
Protects the rights of people from unfair or sudden actions by the Magistrate.
Ensures every action is well-documented and justified.
Brings accountability and transparency in preventive legal action.
BNSS Section 130 FAQs
BNSS 130
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