Introduction
Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the final order requiring a person to furnish security for keeping the peace or maintaining good behaviour. The provision applies after the Magistrate conducts the inquiry prescribed under Section 135.
- Introduction
- Meaning of Section 136
- Statutory Basis
- Object and Purpose
- Essential Elements
- Procedure under Section 136
- Nature of Security
- Important Safeguards
- Powers of the Magistrate
- Section 136 and Section 137
- Section 136 and Section 138
- BNSS and CrPC
- Important Distinctions
- Example
- Common Confusions
- Important BNSS Provisions
- Topic at a Glance
- Quick Revision
- Conclusion
Where the inquiry establishes that security is necessary, the Magistrate may require the person concerned to execute a bond or bail bond. The order must remain within the statutory limits relating to the nature, amount and duration of the security.
Meaning of Section 136
Section 136 applies where, after an inquiry under Section 135, the Magistrate is satisfied that it is necessary for:
- keeping the peace; or
- maintaining good behaviour
that the person concerned should execute a bond or bail bond.
The Magistrate then makes an order requiring the person to furnish the prescribed security.
Thus, Section 136 represents the final stage of preventive-security proceedings after the preliminary order and inquiry.
Statutory Basis
Section 136 should be read along with the following provisions:
| Provision | Subject |
|---|---|
| Section 125 | Security for keeping peace on conviction |
| Section 126 | Security for keeping peace in other cases |
| Section 127 | Security for good behaviour from persons disseminating certain matters |
| Section 128 | Security for good behaviour from suspected persons |
| Section 129 | Security for good behaviour from habitual offenders |
| Section 130 | Order to be made |
| Section 135 | Inquiry as to truth of information |
| Section 136 | Order to give security |
| Section 137 | Discharge of person informed against |
| Section 138 | Commencement of period for which security is required |
| Section 139 | Contents of bond |
| Section 140 | Power to reject sureties |
Object and Purpose
Section 136 has a preventive purpose. It enables the Magistrate to require security where the inquiry establishes that such security is necessary to prevent a breach of peace or to ensure good behaviour.
The provision is therefore not intended to punish a person for a completed offence. Its purpose is to prevent future conduct that may threaten public peace or safety.
Essential Elements
1. Inquiry under Section 135
An order under Section 136 follows the inquiry conducted under Section 135.
The Magistrate must consider the material produced during the inquiry before deciding whether security is necessary.
2. Necessity of Security
The inquiry must establish that security is necessary for:
- keeping the peace; or
- maintaining good behaviour.
A security order is therefore not merely an automatic consequence of the initiation of proceedings.
3. Order by the Magistrate
Where the required conditions are satisfied, the Magistrate makes an order requiring the person to execute a bond or bail bond.
4. Limits of the Section 130 Order
The final order under Section 136 cannot require security:
- of a different nature;
- for an amount larger than that specified; or
- for a period longer than that specified
in the order made under Section 130.
5. Security Amount Must Not Be Excessive
The amount of the bond or bail bond must be fixed with regard to the circumstances of the case.
The amount must not be excessive.
This requirement acts as an important safeguard against arbitrary or disproportionate security conditions.
6. Special Protection for a Child
Where the person concerned is a child, the bond must be executed only by the child’s sureties.
Procedure under Section 136
The procedure can be understood as follows:
- Proceedings are initiated under the preventive-security provisions.
- The Magistrate makes an order under Section 130.
- An inquiry is conducted under Section 135.
- The Magistrate considers the evidence and circumstances of the case.
- If the necessity for security is established, Section 136 applies.
- The Magistrate orders the person to execute the required bond or bail bond.
- The security must remain within the limits specified in the Section 130 order.
- The amount must not be excessive.
- If the person is a child, the bond must be executed only by the sureties.
Nature of Security
A security order under Section 136 may require execution of a bond or bail bond.
A bond involves an undertaking by the person concerned, whereas a bail bond involves an undertaking supported by surety.
The precise nature of the undertaking must comply with the applicable provisions of BNSS.
Important Safeguards
Limitation on Nature, Amount and Period
The Magistrate cannot impose security beyond the nature, amount or period specified in the Section 130 order.
No Excessive Security
The amount must not be excessive and must have regard to the circumstances of the case.
Protection of Children
Where the person concerned is a child, the bond must be executed only by the sureties.
Powers of the Magistrate
The Magistrate may:
- consider the result of the inquiry under Section 135;
- determine whether security is necessary;
- order execution of a bond or bail bond;
- determine the security within the limits of Section 130; and
- fix an appropriate amount having regard to the circumstances of the case.
The Magistrate does not have unrestricted authority to impose any amount or period of security.
Section 136 and Section 137
Section 136 and Section 137 deal with two different outcomes of the inquiry.
| Point | Section 136 | Section 137 |
|---|---|---|
| Situation | Security is found necessary | Security is not found necessary |
| Result | Order to give security | Person is discharged |
| Basis | Inquiry under Section 135 | Inquiry under Section 135 |
| Consequence | Bond or bail bond is required | No security order is made |
Section 136 and Section 138
Section 136 deals with the order requiring security, whereas Section 138 deals with the commencement of the period for which security is required.
Thus, Section 136 determines whether security should be furnished, while Section 138 determines when the security period begins.
BNSS and CrPC
Section 136 of BNSS corresponds substantially to Section 117 of the Code of Criminal Procedure, 1973.
| Aspect | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Provision | Section 117 | Section 136 |
| Subject | Order to give security | Order to give security |
| Authority | Magistrate | Magistrate |
| Purpose | Keeping peace or maintaining good behaviour | Keeping peace or maintaining good behaviour |
| Security | Bond | Bond or bail bond |
| Excessive amount prohibited | Yes | Yes |
| Limitation on period and amount | Yes | Yes |
| Special protection for children | Yes | Yes |
The basic preventive-security framework has been retained under BNSS, although the provision has been renumbered and BNSS uses its updated statutory terminology.
Important Distinctions
Section 130 vs Section 136
Section 130 deals with the preliminary order specifying the proposed security.
Section 136 deals with the final order requiring security after the inquiry under Section 135.
Security vs Punishment
Security under Section 136 is preventive, not punitive.
Its purpose is to prevent future breach of peace or improper conduct rather than punish a person for a past offence.
Bond vs Bail Bond
A bond is an undertaking without the requirement of surety, while a bail bond involves surety.
Example
Suppose a person is proceeded against because there is information that his conduct may result in a breach of peace. The Magistrate makes an order under Section 130 and conducts the inquiry required under Section 135.
If the inquiry establishes that security is necessary, the Magistrate may make an order under Section 136 requiring the person to execute the appropriate bond or bail bond.
However, the Magistrate cannot impose a security amount or period exceeding the limits specified in the Section 130 order.
Common Confusions
Is a Section 136 order automatic?
No.
The necessity for security must be established through the inquiry under Section 135.
Can the Magistrate demand any amount as security?
No.
The amount must comply with the statutory limits and must not be excessive.
Can the Magistrate impose a longer security period than specified in Section 130?
No.
The final order cannot require security for a period longer than that specified in the Section 130 order.
Is Section 136 a punishment?
No.
It is a preventive-security provision.
What happens if the necessity for security is not established?
Section 137 applies and the person is discharged in accordance with that provision.
Important BNSS Provisions
- Section 125 – Security for keeping peace on conviction
- Section 126 – Security for keeping peace in other cases
- Section 127 – Security for good behaviour from persons disseminating certain matters
- Section 128 – Security for good behaviour from suspected persons
- Section 129 – Security for good behaviour from habitual offenders
- Section 130 – Order to be made
- Section 135 – Inquiry as to truth of information
- Section 136 – Order to give security
- Section 137 – Discharge of person informed against
- Section 138 – Commencement of period for which security is required
- Section 139 – Contents of bond
- Section 140 – Power to reject sureties
- Section 141 – Imprisonment in default of security
Topic at a Glance
| Point | Position |
|---|---|
| Topic | Order to Give Security |
| BNSS Section | Section 136 |
| Chapter | Chapter IX |
| Corresponding CrPC provision | Section 117 |
| Authority | Magistrate |
| Trigger | Inquiry under Section 135 |
| Purpose | Keeping peace or maintaining good behaviour |
| Security | Bond or bail bond |
| Amount | Must not be excessive |
| Limitation | Cannot exceed the nature, amount or period specified under Section 130 |
| Child | Bond executed only by sureties |
| Related provision | Section 137 – Discharge of person informed against |
Quick Revision
- Section 136 BNSS deals with the order to give security.
- It follows the inquiry under Section 135.
- Security may be required for keeping the peace or maintaining good behaviour.
- The Magistrate makes the security order when the necessity for security is established.
- The order cannot exceed the nature, amount or period specified under Section 130.
- The amount of security must not be excessive.
- Where the person is a child, the bond must be executed only by the sureties.
- Section 136 substantially corresponds to Section 117 CrPC.
- Section 137 deals with discharge where the necessity for security is not established.
- Section 138 deals with the commencement of the security period.
ALSO READ: Section 135 – Inquiry as to truth of information
Conclusion
Section 136 of BNSS provides the mechanism through which the Magistrate, after completing the required inquiry, can require a person to furnish security for keeping the peace or maintaining good behaviour. The provision balances preventive powers with safeguards against excessive or disproportionate security requirements.
