Introduction to Section 135 BNSS / Inquiry into the Truth of Information
Section 135 BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023, gives power to the Magistrate to start an inquiry when someone is brought to court under Sections 130 to 132. The main aim is to check the truth of the complaint or report against the person. It also allows the court to take temporary safety measures like asking for a bond, but ensures these steps are not misused and are completed within 6 months. It ensures justice with speed and safety.
- Introduction to Section 135 BNSS / Inquiry into the Truth of Information
- What is BNSS Section 135 ?
- BNSS Section of 135 in Simple Points
- Section 135 of BNSS Overview
- BNSS Section 135 – Each Key Point
- 1. Magistrate Must Start Inquiry into the Truth of Information
- 2. Magistrate Can Collect More Evidence During the Inquiry
- 3. The Inquiry Procedure Follows Summons-Cases Rules
- 4. Temporary Bond or Custody Allowed During the Inquiry
- 5. Limits on Asking for Bond of Good Behaviour
- 6. Habitual Offender Can Be Proven Through Reputation or Other Means
- 7. Inquiries Can Be Joint or Separate
- 8. Inquiry Must Be Completed Within Six Months
- 9. Person in Custody Must Be Released After Six Months
- 10. Sessions Judge Can Cancel Unfair Inquiry Extensions
- Examples of BNSS Section 135
- Section 135 of BNSS Short Information
- BNSS Section 135 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 135 ?
BNSS Section 135 talks about how a Magistrate must check if the information received against a person is true or not. It allows the court to hold an inquiry, collect evidence, and, if needed, ask the person to give a bond to maintain peace. This section helps prevent false complaints and ensures a fair process.
BNSS Section of 135 in Simple Points
1. Magistrate Must Check the Truth of the Information
When a person appears in court under Sections 130–132, the Magistrate must begin an inquiry. This inquiry is to confirm whether the information given is true or false. The Magistrate cannot skip this step; it is a required part of the law. This helps stop unnecessary legal action based on false or unclear reports. The Magistrate can ask questions and hear both sides of the matter. This ensures the person gets a fair chance to explain. It keeps the justice process open and honest.
2. Inquiry Must Follow Summons-Cases Rules
The inquiry must follow the process used in summons cases, which are simple and clear. This means both sides get a chance to speak and evidence is recorded properly. It helps the Magistrate make a correct decision using clear facts. The process is quicker and less complicated than trials for serious crimes. This helps save time and avoids dragging the person into long court matters. It also ensures basic legal steps are always followed.
It brings fairness, even for minor or unclear cases.
3. Magistrate Can Ask for Temporary Bond
If the Magistrate feels that the person may disturb peace or safety, they can ask for a bond. This bond is like a promise to behave well during the inquiry process. The bond can include money or sureties (guarantors). If the person refuses, the Magistrate can keep them in custody until they agree. This power can only be used if the Magistrate writes down valid reasons. The goal is not punishment but preventing harm during the inquiry.
It’s a temporary step for public safety, not a permanent order.
4. Rules to Avoid Misuse of Bond Orders
Only people involved under Sections 127–129 can be asked to sign a bond for good behaviour. Others cannot be forced to sign such bonds unfairly. Also, the terms of the bond (amount, sureties) must not be stricter than earlier orders. This prevents the Magistrate from being unfair or harsh. These safeguards protect people’s basic legal rights. The law ensures that people are not treated like criminals without good reason. Everything must be balanced and reasonable.
5. Inquiry Must End in 6 Months or It Stops Automatically
The entire inquiry must be completed within 6 months from the starting date. If it is not completed, the case will automatically end unless the Magistrate gives valid reasons. Also, if a person is in custody, their case ends after 6 months without extension. This protects people from being trapped in never-ending court cases. If the agistrate gives an unfair extension, the person can approach the Sessions Judge. The Sessions Judge can cancel the extension if it has no proper reason. This ensures inquiries are fast, fair, and not misused.
Section 135 of BNSS Overview
BNSS Section 135 deals with how a Magistrate must start an inquiry to check whether the information received about a person’s behaviour or threat is true or not. This section helps ensure justice and avoids false actions against people. It also allows temporary preventive steps to maintain peace during the inquiry.
BNSS Section 135 – Each Key Point
1. Magistrate Must Start Inquiry into the Truth of Information
Under BNSS Section 135(1), when a person appears or is brought before the Magistrate under Sections 130 to 132, the Magistrate is legally required to begin an inquiry into the truthfulness of the information on which action was taken.
Detailed Explanation:
- This step is not optional; the Magistrate must act on it.
- The information received (complaint, police report, etc.) may or may not be true, so it needs to be checked thoroughly before continuing.
- This protects individuals from wrongful legal actions based on rumors, false complaints, or unverified threats.
2. Magistrate Can Collect More Evidence During the Inquiry
The section allows the Magistrate to collect and examine any additional evidence necessary during the inquiry.
Detailed Explanation:
- The Magistrate is not limited to the initial report or information.
- They can ask for witness statements, examine records, or request documents to understand the case more clearly.
- This flexibility helps the court reach the right decision and avoid acting on half-truths or incomplete facts.
3. The Inquiry Procedure Follows Summons-Cases Rules
BNSS Section 135(2) specifies that the inquiry must be done in a manner similar to how trials and evidence recording are handled in summons-cases.
Detailed Explanation:
- Summons cases are simpler and quicker than warrant cases, usually involving less serious offences.
- Evidence is recorded in writing, both sides get a chance to speak, and the proceedings are transparent.
- This ensures that the inquiry is fair, clear, and legally structured, not informal or biased.
4. Temporary Bond or Custody Allowed During the Inquiry
Under Section 135(3), if the Magistrate feels there’s a risk to public peace or safety, they may order the person to execute a bond for good behaviour during the inquiry period.
Detailed Explanation:
- This is a temporary preventive step, not a punishment.
- The bond can be a written promise with or without sureties (bail), ensuring that the person behaves during the inquiry.
- If the person refuses to sign the bond, the Magistrate has the power to keep them in custody until they sign it or until the inquiry ends.
- However, this power can only be used if the Magistrate records the reasons in writing, making the process accountable.
5. Limits on Asking for Bond of Good Behaviour
The law clearly restricts the Magistrate’s power to ask for a bond under Section 135(3).
Detailed Explanation:
- A bond for maintaining good behaviour cannot be forced on a person unless proceedings are happening under Section 127, 128, or 129 (which relate to habitual or dangerous offenders).
- Also, the terms of the bond (amount, number of sureties, etc.) must not be harsher than those already mentioned in the earlier order under Section 130.
- This ensures fair treatment and protects people from unreasonable conditions or harassment.
6. Habitual Offender Can Be Proven Through Reputation or Other Means
Section 135(4) explains how the Magistrate can assess whether a person is a habitual offender or dangerous.
Detailed Explanation:
- The law allows use of general reputation as a form of evidence.
- For example, if the person is widely known in the area as someone who regularly breaks the law, this can be used in the inquiry.
- Other forms of evidence may include police records, past cases, or witness testimony.
- This helps the Magistrate decide whether extra caution or conditions are needed to prevent harm.
7. Inquiries Can Be Joint or Separate
Section 135(5) gives the Magistrate the freedom to choose how to conduct inquiries when multiple people are involved in the same matter.
Detailed Explanation:
- If two or more people are connected to the same incident, the Magistrate can:
- Run a joint inquiry, saving time and effort, or
- Conduct separate inquiries for fairness or clarity.
- This choice depends on justice, convenience, and fairness of the situation.
8. Inquiry Must Be Completed Within Six Months
Section 135(6) sets a strict timeline — the inquiry must be finished within six months from when it started.
Detailed Explanation:
- If the inquiry is not completed in this time, all proceedings under that chapter will automatically end, unless there is a special reason recorded in writing by the Magistrate.
- This rule protects people from being stuck in long legal processes with no end in sight.
- It promotes efficient justice and reduces legal delay.
9. Person in Custody Must Be Released After Six Months
If the person is in custody during the inquiry, then their case must also end automatically after six months, unless it ends earlier.
Detailed Explanation:
- This prevents a person from being detained for too long without a proper conclusion.
- Even if the Magistrate wants to extend the case, this protection overrides the extension if the person is still in custody beyond six months.
- It is a strong safeguard against misuse of power.
10. Sessions Judge Can Cancel Unfair Inquiry Extensions
If the Magistrate extends the inquiry beyond six months, the aggrieved person can file an application before the Sessions Judge.
Detailed Explanation:
- The Sessions Judge will check if the Magistrate’s reason for extension is valid and based on facts.
- If the Judge finds the reason not genuine or arbitrary, they can cancel the Magistrate’s extension.
- This offers a legal remedy to prevent unnecessary harassment or delay by the Magistrate.
Examples of BNSS Section 135
Example 1:
A man is called to court under Section 130 because the police report says he threatens his neighbors. The Magistrate starts an inquiry to check if this report is true or false. Until the inquiry ends, the Magistrate asks him to sign a bond promising not to fight. If the inquiry isn’t finished in 6 months, the case will automatically close.
Example 2:
Two people are accused of planning a group fight in a village. They are brought before the Magistrate. During the inquiry, the court treats them together because they are linked to the same issue. The Magistrate records statements, checks facts, and decides whether the information was genuine or made-up.
Section 135 of BNSS Short Information
| Key Area | Explanation |
|---|---|
| Section Name | BNSS Section 135 |
| Definition | Inquiry into the truth of information received against a person |
| Offence Type | Not an offence; it’s a preventive legal step |
| Bailable/Non-Bailable | Not applicable (bond may be required if needed for peacekeeping) |
| Time Limit | Inquiry must end in 6 months or proceedings will close automatically |
Why is BNSS Section 135 Needed?
BNSS Section 135 is important because it ensures that every action taken by a Magistrate is based on real and verified information, not just on rumours or false complaints. Here are the key reasons why this section is necessary:
1. To Prevent Misuse of Legal Power
It protects individuals from being unnecessarily harassed based on fake or exaggerated complaints. The Magistrate must check if the information is true before taking serious steps.
2. To Maintain Fairness in Legal Process
It ensures that no one is punished or asked to give a peace bond without proper inquiry. This keeps the justice system fair and balanced.
3. To Protect Public Peace and Safety
If the Magistrate feels that someone might create trouble during the inquiry, they can ask for a bond. This helps to keep society safe while the case is being investigated.
4. To Avoid Unnecessary Court Cases
Many people misuse the law to trouble others. BNSS 135 stops such false actions early by allowing the court to verify the truth before proceeding.
5. To Complete Legal Process Quickly
It sets a 6-month time limit for completing the inquiry. This helps in quick justice and avoids delays in cases that affect people’s freedom or dignity.
BNSS Section 135 FAQs
BNSS 135
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