Section 135 – Inquiry as to Truth of Information

Introduction

Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the inquiry into the truth of the information on the basis of which proceedings for security for keeping the peace or for good behaviour have been initiated.

This is one of the most important procedural provisions in Chapter IX because the Magistrate cannot simply rely upon the initial information and automatically require a person to furnish security. The truth of that information has to be examined through an inquiry.

Section 135 therefore provides the main evidentiary stage between the preliminary show-cause order under Section 130 and the final order to give security under Section 136.

Meaning of Section 135

Section 135 requires the Magistrate to inquire into the truth of the information upon which proceedings under Chapter IX have been initiated.

The inquiry is conducted in the manner prescribed by the provision.

The person against whom the proceedings have been initiated gets an opportunity to contest the information and produce material in their defence.

The provision therefore protects the person from being subjected to a final preventive security order merely because an allegation has been made against them.

Object and Purpose

The primary object of Section 135 is to determine whether the information forming the basis of the preventive proceedings is actually established.

Its purposes include:

• testing the truth of the information received by the Magistrate;
• giving the person an opportunity to contest the allegations;
• examining the evidence placed before the Magistrate;
• preventing arbitrary preventive orders;
• ensuring that the final order under Section 136 is based on an inquiry rather than merely on an allegation.

The provision therefore represents an important procedural safeguard in preventive proceedings.

Nature of the Inquiry

The inquiry under Section 135 is not a criminal trial for determining whether the person is guilty of a substantive criminal offence.

It is a preventive proceeding.

The question before the Magistrate is whether the information supporting the proposed preventive action is established sufficiently to justify requiring the person to furnish security.

Therefore, the proceedings should not be confused with an ordinary criminal prosecution.

Procedure Under Section 135

1. Inquiry Begins

After the preliminary proceedings under Section 130 and the relevant procedural steps, the Magistrate proceeds to inquire into the truth of the information.

2. Evidence Is Considered

The Magistrate examines the material and evidence placed before the Court in support of the information.

The person against whom the proceedings have been initiated is entitled to contest the information.

3. Opportunity to Defend

The person is given an opportunity to produce evidence in their defence.

This is important because the proceedings can ultimately result in an order requiring the person to furnish security.

4. Magistrate Determines Whether Information Is Established

After considering the evidence and the defence, the Magistrate determines whether the information has been established sufficiently to justify further preventive action.

5. Final Consequence

If the statutory requirements are satisfied, the Magistrate may proceed under Section 136.

If the information is not established, the person may be discharged under Section 137.

Evidence During the Inquiry

Section 135 provides an evidentiary framework for determining whether the information is true.

The Magistrate is required to hear and consider the evidence presented during the inquiry.

The proceedings therefore cannot simply be decided on the basis of an unsupported allegation.

The evidentiary material must provide a proper basis for the Magistrate’s conclusion.

Evidence of General Reputation

One important feature of Section 135 concerns cases involving habitual offenders and persons who are alleged to be desperate and dangerous.

In such cases, the fact that the person is a habitual offender, or is so desperate and dangerous that their being at large without security would be hazardous to the community, may be established by evidence of general repute or otherwise.

This is particularly relevant to proceedings under Section 129.

The provision therefore recognises that in preventive proceedings concerning habitual or dangerous persons, evidence may not always take the form of proof of a specific individual incident.

However, the Magistrate must still conduct the statutory inquiry and assess the material placed before them.

Section 135 and Habitual Offenders

Section 135 is especially important in proceedings under Section 129.

Section 129 deals with security for good behaviour from habitual offenders.

The Magistrate may receive information that a person habitually commits specified offences or is so desperate and dangerous that allowing them to remain at large without security would be hazardous to the community.

Section 135 then provides the mechanism through which the truth of that information is examined.

Thus:

Section 129 → Who may be proceeded against

Section 135 → How the information against that person is inquired into

Section 135 and Section 130

Section 130 requires the Magistrate to make a written order containing the substance of the information received.

Section 135 comes later and concerns the truth of that information.

The distinction is important.

The Section 130 order is based on the information before the Magistrate at the preliminary stage.

The Section 135 inquiry examines whether that information is established.

Therefore:

Section 130 = Preliminary basis

Section 135 = Inquiry into truth

Section 135 and Section 136

Section 135 must also be distinguished from Section 136.

Section 135 concerns the inquiry.

Section 136 concerns the final order to give security.

The Magistrate’s decision under Section 136 must follow the inquiry contemplated by Section 135.

Thus:

Section 135 → Evidence and inquiry

Section 136 → Final security order

Section 135 and Section 137

Section 137 provides for discharge of the person against whom proceedings have been initiated.

Where the information is not proved or the Magistrate finds that security is not required, the person may be discharged in accordance with the provision.

Therefore, Section 135 can lead to two broad outcomes:

Information established → Section 136 may follow

Information not established → Section 137 discharge

Standard and Nature of Proof

Section 135 is preventive in character and should not be treated as an ordinary criminal trial.

The Magistrate examines whether the information is established sufficiently to justify preventive security.

The proceeding is therefore concerned with preventing anticipated harm or breach of peace rather than imposing punishment for a past offence.

At the same time, because the outcome can affect personal liberty, the Magistrate must follow the statutory procedure and base the decision on the material placed before the Court.

Example

Suppose X is alleged to be a habitual thief and receiver of stolen property.

Proceedings are initiated under Section 129 and a written order is made under Section 130 requiring X to show cause why X should not furnish security for good behaviour.

After the procedural requirements are completed, the Magistrate conducts an inquiry under Section 135.

Evidence is produced regarding X’s alleged habitual conduct. X is also given an opportunity to produce evidence in defence.

The Magistrate then considers whether the information has been established.

If the information is established and the statutory requirements are satisfied, the Magistrate may make an order under Section 136.

If the information is not established, X may be discharged under Section 137.

Opportunity to Defend

An important aspect of Section 135 is that the person against whom proceedings are initiated is not merely a passive participant.

The person has an opportunity to:

• challenge the information;
• cross-examine or otherwise contest evidence where the applicable procedure permits;
• produce evidence in defence; and
• make submissions before the Magistrate.

This opportunity is essential because the inquiry may result in a security order affecting the person’s liberty.

Section 135 and Natural Justice

Section 135 reflects the principle of natural justice by providing an opportunity to contest the information.

The basic principle is:

A person should not be subjected to a preventive security order without being given a meaningful opportunity to challenge the basis of that order.

The inquiry therefore acts as a safeguard against the mechanical acceptance of allegations.

Section 135 and Personal Liberty

Preventive proceedings may have serious consequences for a person’s liberty.

If a person fails to furnish the required security after a final order, further consequences may follow under the BNSS.

Therefore, Section 135 assumes considerable importance.

The inquiry ensures that a person is not required to furnish security merely because an allegation has been made.

The Magistrate must examine the information and the evidence before making a final order.

Section 135 and General Reputation

The reference to general repute is particularly important in proceedings involving habitual offenders.

A person’s reputation in the community may form part of the evidence relevant to determining whether the statutory conditions are satisfied.

However, general reputation should not be treated as an automatic substitute for the statutory inquiry.

The Magistrate must still consider the evidence as a whole and determine whether the requirements of the relevant preventive provision have been established.

Section 135 and CrPC

Section 135 BNSS substantially corresponds to Section 116 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 116	Section 135
Subject	Inquiry as to truth of information	Inquiry as to truth of information
Nature	Preventive inquiry	Preventive inquiry
Evidence	Considered during inquiry	Considered during inquiry
General reputation	Relevant in specified cases	Relevant in specified cases
Final consequence	Security or discharge	Security or discharge

The BNSS substantially retains the earlier procedural framework while renumbering the corresponding provision.

Important Distinctions

Section 130 vs Section 135

Section 130 deals with the preliminary written order.

Section 135 deals with the inquiry into the truth of the information.

Section 131 vs Section 135

Section 131 concerns the procedure where the person is already present in Court.

Section 135 concerns the evidentiary inquiry into the information.

Section 132 vs Section 135

Section 132 deals with securing the appearance of a person who is not present.

Section 135 deals with determining the truth of the information after the proceedings have reached the inquiry stage.

Section 135 vs Section 136

Section 135 is the inquiry.

Section 136 is the final order to give security.

Section 135 vs Section 137

Section 135 determines whether the information is established.

Section 137 provides for discharge where the statutory requirements for requiring security are not established.

Common Confusions

Is Section 135 a criminal trial?

No.

It is a preventive inquiry concerning the truth of information forming the basis of security proceedings.

Can the person defend themselves during the inquiry?

Yes.

The person is given an opportunity to contest the information and produce evidence in defence.

Can general reputation be considered?

Yes.

In the circumstances specified by the provision, habituality or being desperate and dangerous may be established through evidence of general repute or otherwise.

Does Section 135 itself require security?

No.

It provides for the inquiry. The final order requiring security is dealt with under Section 136.

What happens if the information is not established?

The person may be discharged under Section 137.

Does the inquiry establish criminal guilt?

No.

The purpose is preventive and is concerned with whether security for future good behaviour or keeping the peace is justified.

Topic at a Glance

Point	Position
Topic	Inquiry as to truth of information
BNSS Section	Section 135
Corresponding CrPC provision	Section 116
Nature	Preventive inquiry
Main purpose	Determine whether information is established
Evidence	Considered during inquiry
Defence	Person may contest information and produce evidence
General reputation	Relevant in specified cases
Final security order	Section 136
Discharge	Section 137

Quick Revision

• Section 135 BNSS deals with the inquiry as to the truth of information.
• It is an important evidentiary stage in preventive security proceedings.
• The Magistrate examines the information on which the proceedings were initiated.
• The person concerned gets an opportunity to contest the information and produce evidence in defence.
• The provision is preventive and is not equivalent to a criminal trial.
• In cases involving habitual offenders and persons alleged to be desperate and dangerous, general repute or otherwise may be relevant.
• Section 135 comes after the preliminary procedure under Section 130 and related provisions.
• If the information is established, the Magistrate may proceed to Section 136.
• If the statutory requirements are not established, the person may be discharged under Section 137.
• Section 135 substantially corresponds to Section 116 CrPC.
• The provision is an important safeguard against imposing preventive security merely on the basis of untested allegations.

ASLO READ: Section 134 – Power to dispense with personal attendance

Conclusion

Section 135 BNSS is the central inquiry provision in the preventive security framework under Chapter IX. It requires the Magistrate to examine the truth of the information on which proceedings have been initiated before deciding whether the person should ultimately be required to furnish security.

The provision balances preventive powers with procedural safeguards by allowing the person to contest the information and produce evidence in defence. In appropriate cases, evidence of general reputation may also be considered, particularly when determining habituality or whether a person is so desperate and dangerous that their being at large without security would be hazardous to the community.

Ultimately, Section 135 ensures that the final security order under Section 136 is not based merely on an allegation but follows an inquiry conducted according to law.