BNSS Section 136 — Order to give security

Summary

If the inquiry shows that a person needs to give a bond or bail bond to keep the peace or maintain good behaviour, the Magistrate must order them to do so. However, the bond cannot be of a different type, a larger amount, or for a longer time than what was specified in the earlier order under section 130. The amount of the bond must be reasonable based on the situation and not excessive. If the person is a child, only their sureties must sign the bond.

Official Text

If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130;

(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.

Sections referred to

• BNSS §130 — Order to be made

Referred to by

• BNSS §138 — Commencement of period for which security is required
• BNSS §141 — Imprisonment in default of security
• BNSS §142 — Power to release persons imprisoned for failing to give security
• BNSS §143 — Security for unexpired period of bond
• BNSS §393 — Language and contents of judgment
• BNSS §404 — Copy of judgment to be given to accused and other persons
• BNSS §414 — Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
• BNSS §491 — Procedure when bond has been forfeited

Old <-> New Code Mapping

• CrPC §117 — Order to give security