Section 131 – Procedure in Respect of Person Present in Court

Introduction

Section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when a person against whom proceedings for security for keeping the peace or for good behaviour have been initiated is present in Court.

The provision is part of the procedural framework contained in Chapter IX of the BNSS. It operates after the Magistrate has made an order under Section 130 requiring the person to show cause why they should not be ordered to furnish security.

Section 131 ensures that where the person is already present before the Magistrate, the proceedings can move forward without the unnecessary issue of a summons or warrant merely to secure their appearance.

Meaning of Section 131

Section 131 provides the procedure to be followed when the person against whom an order under Section 130 has been made is present in Court.

The Magistrate can proceed with the matter by reading over or explaining the substance of the order to the person and requiring the person to show cause.

The provision therefore deals specifically with the procedural situation where the person is already before the Court.

Object and Purpose

The main purpose of Section 131 is to facilitate the continuation of preventive security proceedings when the person concerned is already present before the Magistrate.

Its objectives include:

• avoiding unnecessary procedural steps;
• ensuring that the person understands the substance of the order made under Section 130;
• giving the person an opportunity to show cause;
• allowing the inquiry to proceed in accordance with law.

The provision therefore promotes procedural efficiency while preserving the person’s right to understand and contest the proceedings.

Section 131 and Section 130

Section 131 must be read together with Section 130.

Section 130 deals with the written order to be made by the Magistrate when a person is required to show cause.

Section 131 deals with what happens when that person is already present in Court.

The sequence can therefore be understood as:

Section 130 → Written order requiring show cause

Section 131 → Procedure where the person is present in Court

Section 135 → Inquiry into the truth of the information

Section 136 → Order to give security

Procedure Under Section 131

The procedure can be understood in the following stages.

1. Person Is Present Before the Magistrate

The person against whom the proceedings have been initiated is present in Court.

This is the essential factual situation to which Section 131 applies.

2. Magistrate Explains the Order

The substance of the order made under Section 130 is read over or explained to the person.

This ensures that the person understands:

• the nature of the allegations or information;
• the reason for the preventive proceedings; and
• the security that may ultimately be required.

3. Opportunity to Show Cause

The person is given an opportunity to show cause why they should not be required to furnish security.

The person may therefore contest the allegations or circumstances forming the basis of the preventive proceedings.

4. Proceedings Continue According to Law

After the person has been informed of the substance of the order, the matter proceeds according to the subsequent provisions governing preventive security proceedings.

The Magistrate must conduct the required inquiry before making a final order requiring security.

Importance of the Person Being Present

Section 131 is specifically concerned with a person who is already present in Court.

This makes the procedure different from cases where the person is absent.

Where the person is not present, Section 132 provides for the issue of summons or warrant.

Thus, Sections 131 and 132 together deal with two different procedural situations:

Section 131	Section 132
Person is present in Court	Person is not present in Court
Magistrate proceeds with the person before the Court	Magistrate may issue summons or warrant
No need to secure appearance through summons or warrant	Process is used to secure appearance

Right to Know the Allegations

One of the important safeguards under Section 131 is that the substance of the order is communicated to the person.

A person cannot effectively defend themselves against preventive proceedings without knowing the basis of those proceedings.

The explanation or reading over of the order therefore supports the principle of procedural fairness.

The person should understand why they have been called upon to show cause and what security is proposed.

Section 131 and Natural Justice

Section 131 reflects basic principles of natural justice.

The person concerned is not simply subjected to a preventive order without an opportunity to respond.

Instead:

1. an order is made under Section 130;
2. the substance of that order is communicated to the person;
3. the person is given an opportunity to show cause; and
4. the matter proceeds to the statutory inquiry.

This framework ensures that preventive powers are not exercised entirely without procedural safeguards.

Section 131 and the Inquiry Under Section 135

Section 131 does not itself determine whether the allegations or information against the person are true.

That question is addressed during the inquiry under Section 135.

The distinction is important:

Section 131 = Communication of the order and opportunity to show cause

Section 135 = Inquiry into the truth of the information

The Magistrate must therefore distinguish between the preliminary procedural stage and the subsequent determination based on the inquiry.

Section 131 and Final Security Order

Section 131 does not itself result in a final order requiring security.

The final order is governed by Section 136.

If, after the prescribed inquiry, the Magistrate is satisfied that the statutory requirements are established, an order requiring the person to furnish security may be made.

If the information is not established in accordance with law, the person may be discharged under Section 137.

Section 131 and Different Categories of Preventive Proceedings

Section 131 operates in proceedings arising under the relevant provisions of Chapter IX, including cases involving:

• security for keeping the peace;
• security for good behaviour from suspected persons; and
• security for good behaviour from habitual offenders.

Therefore, the provision is not limited only to habitual offenders under Section 129.

It is part of the broader procedural framework for preventive security proceedings.

Example

Suppose an Executive Magistrate receives information that X is a habitual offender and initiates proceedings under Section 129.

The Magistrate makes an order under Section 130 requiring X to show cause why X should not be ordered to furnish security for good behaviour.

If X is already present before the Magistrate, Section 131 becomes applicable.

The Magistrate explains the substance of the Section 130 order to X and gives X an opportunity to show cause.

The matter then proceeds to the inquiry prescribed under the BNSS.

The Magistrate cannot treat the Section 130 order itself as proof that X is a habitual offender.

Section 131 and Section 132

Section 131 and Section 132 deal with opposite procedural situations.

Section 131

Applies where the person is present in Court.

The Magistrate can proceed with the person directly.

Section 132

Applies where the person is not present in Court.

In such circumstances, the Magistrate may issue the appropriate process to secure the person’s appearance.

The distinction avoids unnecessary procedural duplication.

Section 131 and Section 133

Section 133 deals with the requirement that a copy of the order under Section 130 accompany the summons or warrant issued to the person.

This becomes particularly relevant where the person is absent and process must be issued.

Section 131, by contrast, applies where the person is already before the Magistrate.

Section 131 and Section 134

Section 134 deals with circumstances in which the Magistrate may dispense with the personal attendance of the person.

Section 131 represents the ordinary situation where the person is present.

Therefore, Sections 131 to 134 collectively regulate different methods through which the person can participate in the preventive proceedings.

Section 131 and CrPC

Section 131 BNSS substantially corresponds to Section 112 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 112	Section 131
Subject	Procedure in respect of person present in Court	Procedure in respect of person present in Court
Nature	Procedural	Procedural
Purpose	Proceed where person is present	Proceed where person is present
Connected provision	Section 111	Section 130

The basic procedural framework has therefore been retained under the BNSS with corresponding renumbering.

Constitutional Connection

Although Section 131 is procedural, it operates within the constitutional framework protecting personal liberty.

Article 14

Preventive proceedings must be conducted according to law and must not be exercised arbitrarily.

Article 21

Since proceedings under Chapter IX may affect a person’s liberty, the procedure must satisfy the requirements of fairness and legality.

Giving the person notice of the substance of the proceedings and an opportunity to show cause supports these constitutional requirements.

Important Distinctions

Section 130 vs Section 131

Section 130	Section 131
Provides for the written order	Provides procedure when person is present
States substance of information and proposed security	Enables the person to be informed of the order
Preliminary order	Procedural step after the order
Requires show cause	Facilitates show cause where person is present

Section 131 vs Section 132

Section 131	Section 132
Person is present in Court	Person is absent
Proceedings can proceed directly	Summons or warrant may be issued
No process is required merely to secure appearance	Process may be necessary to secure appearance

Section 131 vs Section 135

Section 131	Section 135
Deals with person present in Court	Deals with inquiry into truth of information
Procedural stage	Evidentiary/inquiry stage
Ensures person understands the order	Determines whether information is established

Common Confusions

Does Section 131 itself order a person to furnish security?

No.

Section 131 concerns the procedure where the person is present in Court. The final order to furnish security is dealt with under Section 136.

Does the person have an opportunity to contest the proceedings?

Yes.

The person is informed of the substance of the order and is given an opportunity to show cause.

Does being present in Court mean that the person is already considered guilty?

No.

Preventive proceedings are not equivalent to criminal conviction. The person is entitled to contest the information during the statutory inquiry.

What happens if the person is not present?

The procedure under Section 132 becomes relevant, under which the Magistrate may issue summons or warrant in accordance with law.

Is Section 131 the same as Section 112 CrPC?

Substantially, yes.

Section 131 BNSS corresponds to Section 112 CrPC and continues the earlier procedural framework.

Topic at a Glance

Point	Position
Topic	Procedure in respect of person present in Court
BNSS Section	Section 131
Corresponding CrPC provision	Section 112
Nature	Procedural
Applies when	Person is present in Court
Connected provision	Section 130
Opportunity provided	Show cause
Inquiry	Section 135
Final security order	Section 136
Discharge	Section 137

Quick Revision

• Section 131 BNSS deals with the procedure where the person is present in Court.
• It operates after an order under Section 130 has been made.
• The substance of the order is communicated to the person.
• The person is given an opportunity to show cause.
• Section 131 does not itself impose security.
• The truth of the information is subsequently examined under Section 135.
• The final order to furnish security is dealt with under Section 136.
• If the statutory requirements are not established, the person may be discharged under Section 137.
• If the person is absent, Section 132 provides the relevant procedure.
• Section 131 substantially corresponds to Section 112 CrPC.
• The provision supports procedural fairness in preventive security proceedings.

ALSO READ: Section 130 – Order to be made

Conclusion

Section 131 BNSS provides the procedural mechanism for dealing with a person who is already present before the Magistrate in preventive security proceedings. It ensures that the substance of the order made under Section 130 is communicated to the person and that the person gets an opportunity to show cause.

The provision is therefore an important procedural safeguard. It does not determine guilt or automatically require security. Instead, it facilitates the person’s participation in the proceedings before the Magistrate conducts the statutory inquiry and decides whether a final security order should be made.