Code:
If, on an inquiry under section 135, it is not 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, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of
the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Explanation:
This section deals with the discharge of person informed against under Section 134 of the BNSS for an inquiry into their conduct. If, after the inquiry, it is not established that the person needs to be bound over to maintain peace or good behaviour, they must be released.
Illustration:
A person is detained under Section 134 because they were found engaging in disruptive behaviour at a public gathering. During the inquiry, it becomes clear that their actions were provoked by a misunderstanding and they had no intention of causing harm. In this case, the Magistrate would find that it is not necessary to bind the person over for maintaining peace and would release them.
Common Questions and Answers:
- Q: What is the purpose of Section 135?
A: Section 135 ensures that individuals are not detained unnecessarily. It safeguards against arbitrary detention by requiring a legitimate reason for binding someone over for good behaviour or maintaining peace.
- Q: Who can be detained under Section 134?
A: Anyone who is suspected of engaging in conduct that could disrupt public order. It can also someone who pose a threat to the peace can be detained under Section 134.
- Q: What happens if the Magistrate finds it necessary to bind the person over?
A: The Magistrate will then proceed to take the necessary steps. This is to bind the person over, as outlined in Section 136 of the BNSS.
