Section 137 – Discharge of Person Informed Against

Introduction

Section 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the discharge of a person against whom proceedings have been initiated for requiring security for keeping the peace or maintaining good behaviour.

The provision applies when, after conducting the inquiry under Section 135, the Magistrate finds that it has not been proved that the person is required to give security. In such a situation, the person must be discharged instead of being subjected to a security order.

Section 137 therefore provides an important safeguard against unnecessary preventive restrictions on personal liberty.

Meaning of Section 137

The expression “person informed against” refers to the person against whom information has been received and proceedings have been initiated under the preventive-security provisions of Chapter IX of BNSS.

Section 137 provides that where, after the inquiry under Section 135, it is not proved that the person is required to give security, the Magistrate shall record such finding and discharge the person.

Thus, the section operates where the evidence does not justify the security contemplated by the earlier proceedings.

Statutory Basis

Section 137 should be read with the following connected 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
Section 141	Imprisonment in default of security

Object and Purpose

The primary object of Section 137 is to ensure that a person is not required to furnish security unless the necessity for such security is established through the prescribed inquiry.

It protects against:

• unnecessary preventive restrictions;
• arbitrary demands for security;
• continuation of proceedings where the evidence does not justify them; and
• unjustified interference with personal liberty.

The provision reflects the principle that preventive-security proceedings must be supported by the findings of the statutory inquiry.

Essential Elements

1. Proceedings Must Have Been Initiated

Section 137 operates in proceedings concerning security for keeping the peace or maintaining good behaviour.

The person against whom the proceedings are initiated is referred to as the person informed against.

2. Inquiry Under Section 135

The Magistrate must conduct the inquiry contemplated under Section 135.

The purpose of the inquiry is to determine whether the information forming the basis of the proceeding is true and whether the statutory conditions for requiring security have been established.

3. Necessity for Security Must Not Be Proved

The central condition under Section 137 is that it has not been proved that the person is required to give security.

If the evidence does not establish the necessity for security, the Magistrate cannot proceed to make an order requiring security under Section 136.

4. Magistrate Must Record the Finding

Where the requirement for security is not established, the Magistrate records the appropriate finding.

The finding provides the basis for discharging the person from the preventive-security proceeding.

5. Discharge of the Person

After recording the finding, the Magistrate discharges the person.

The discharge prevents the person from being subjected to a security requirement that has not been established through the statutory inquiry.

Procedure Under Section 137

The operation of Section 137 can be understood step-by-step:

1. Information is received concerning the person and preventive-security proceedings are initiated.
2. The Magistrate makes the appropriate preliminary order under Section 130.
3. The person is given an opportunity to participate in the inquiry.
4. The Magistrate conducts the inquiry under Section 135.
5. The evidence and circumstances are considered.
6. If the necessity for security is not proved, the Magistrate records the finding required under Section 137.
7. The person informed against is discharged.

Thus, Section 137 is the statutory consequence where the inquiry does not justify an order requiring security.

Section 137 and Section 136

Sections 136 and 137 provide two different outcomes after the inquiry under Section 135.

Point	Section 136	Section 137
Result of inquiry	Security is proved necessary	Security is not proved necessary
Magistrate’s action	Orders security	Discharges the person
Security	Bond or bail bond required	No security required
Purpose	Preventive security	Protection against unjustified security
Basis	Section 135 inquiry	Section 135 inquiry

Therefore, Section 136 and Section 137 should be read together.

If the statutory requirements for security are established, Section 136 applies. If they are not established, Section 137 applies.

Nature of Discharge

The discharge under Section 137 is connected with the preventive-security proceeding.

It should not automatically be equated with:

• acquittal in a criminal trial;
• discharge from a criminal charge; or
• a finding that the person has never committed any criminal offence.

The immediate consequence is that the person is not required to furnish security in the proceeding because the necessity for such security has not been established.

Powers and Duties of the Magistrate

The Magistrate is required to:

• conduct the inquiry according to law;
• consider the evidence presented during the inquiry;
• determine whether the statutory requirement for security has been established;
• record the appropriate finding where security is not proved; and
• discharge the person informed against.

The Magistrate cannot impose security merely because proceedings were initially commenced against the person.

Important Safeguard

Section 137 prevents preventive-security proceedings from automatically resulting in a security order.

The existence of an initial allegation or information does not by itself establish the requirement of security. The statutory inquiry must support the conclusion that security is necessary.

Where that requirement is not proved, discharge follows.

BNSS and CrPC

Section 137 of BNSS substantially corresponds to Section 118 of the Code of Criminal Procedure, 1973, read with the corresponding scheme of preventive-security proceedings.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 118	Section 137
Subject	Discharge of person informed against	Discharge of person informed against
Inquiry	Required	Required
Security not established	Person discharged	Person discharged
Preventive nature	Yes	Yes
Connected provision	Section 117	Section 136

The basic framework has been retained under BNSS, with the provisions renumbered within the new statutory structure.

Important Distinctions

Discharge Under Section 137 vs Acquittal

Discharge under Section 137 arises in preventive-security proceedings when the necessity for security is not established.

Acquittal generally arises after a criminal trial where the prosecution fails to establish the accused’s guilt.

They operate in different procedural contexts.

Section 137 vs Section 136

Section 136: Security is found necessary → security order is made.

Section 137: Security is not proved necessary → person is discharged.

Preliminary Order vs Final Outcome

The preliminary order under Section 130 begins the formal security proceeding by informing the person of the proposed requirement.

Section 137 represents the opposite final outcome where the inquiry fails to establish the necessity for security.

Example

Suppose information is received that a person may cause a breach of peace. The Magistrate initiates proceedings and conducts the inquiry required under Section 135.

During the inquiry, the evidence does not establish that the person is required to furnish security.

In such circumstances, the Magistrate cannot simply require the person to execute a bond because the proceedings were initiated. The Magistrate must record the appropriate finding and discharge the person under Section 137.

Common Confusions

Does the initiation of proceedings mean that security must be furnished?

No.

The necessity for security must be established through the inquiry.

Can the Magistrate order security when the requirement has not been proved?

No.

If the statutory requirement for security is not established, Section 137 provides for discharge.

Is discharge under Section 137 the same as acquittal?

No.

Section 137 operates in preventive-security proceedings and is distinct from an acquittal following a criminal trial.

What happens after a finding that security is necessary?

Section 136 applies, and the Magistrate may order the person to furnish the required security within the statutory limits.

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	Discharge of Person Informed Against
BNSS Section	Section 137
Chapter	Chapter IX
Corresponding CrPC provision	Section 118
Authority	Magistrate
Trigger	Inquiry under Section 135
Condition	Necessity for security is not proved
Result	Person is discharged
Related provision	Section 136 – Order to give security
Nature	Preventive-security proceeding
Purpose	Prevent unjustified security requirements

Quick Revision

• Section 137 BNSS deals with the discharge of the person informed against.
• It operates after the inquiry under Section 135.
• The provision applies where it is not proved that the person is required to give security.
• The Magistrate must record the appropriate finding.
• The person informed against is then discharged.
• Section 137 is the opposite outcome to Section 136.
• Section 136: Security is proved necessary → security order.
• Section 137: Security is not proved necessary → discharge.
• Discharge under Section 137 is distinct from acquittal after a criminal trial.
• The provision substantially corresponds to Section 118 CrPC.
• Section 137 protects against unnecessary preventive-security requirements.

ALSO READ: Section 136 – Order to give security

Conclusion

Section 137 of BNSS ensures that preventive-security proceedings do not automatically result in a demand for security. Where the inquiry fails to establish that the person is required to furnish security, the Magistrate must record the appropriate finding and discharge the person. The provision therefore acts as an important procedural safeguard against unjustified preventive restrictions.