BNSS Section (130) – Inquiry After Appearance
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the procedures to be followed by a Magistrate after a person appears before them in response to an order under section 130.
Section 130 is an order requiring a person to show cause why they should not be directed to execute a bond for maintaining peace or good behaviour.
Explanation:
- Sub-section (1): Once a person appears before the Magistrate, the Magistrate begins an inquiry to determine the validity of the information leading to the order under section 130. The Magistrate can also collect additional evidence if needed.
- Sub-section (2): This inquiry should be conducted as closely as possible to the procedures for trials and recording evidence in summons-cases.
- Sub-section (3): If the Magistrate believes immediate action is necessary to prevent a breach of peace, disturbance of public tranquility, or commission of an offence, they can order the person to execute a bond with or without sureties. This bond requires the person to maintain peace or good behaviour until the inquiry is complete. The Magistrate can detain the person until the bond is executed or the inquiry is concluded.
- Sub-section (4): To prove that a person is an habitual offender or dangerous, evidence of general repute or other relevant evidence can be used.
- Sub-section (5): If multiple individuals are involved in the matter, the Magistrate can conduct separate or joint inquiries depending on the circumstances.
- Sub-section (6): The inquiry must be completed within six months. If not completed, the proceedings are terminated unless the Magistrate extends the time for specific reasons. If a person is detained during the inquiry, the proceedings against them are automatically terminated after six months of detention.
- Sub-section (7): If the Magistrate extends the time for the inquiry, the aggrieved party can apply to the Sessions Judge to vacate the extension if it is not based on valid reasons.
Illustration:
A person is rumored to be planning to disrupt a public gathering. The Magistrate issues an order under section 130, requiring the person to show cause why they should not be bound over for maintaining peace. The person appears before the Magistrate. The Magistrate then conducts an inquiry, collecting evidence about the rumors and the person’s potential threat. Based on the evidence, the Magistrate may decide to order the person to execute a bond for maintaining good behaviour until the inquiry is complete.
Common Questions and Answers:
- Q: What are the grounds for ordering someone to execute a bond under section 130?
A: The grounds are to prevent a breach of peace, disturbance of public tranquility, or the commission of an offence.
- Q: Can the Magistrate detain someone during the inquiry?
A: Yes, if the Magistrate deems it necessary for the reasons mentioned in sub-section (3).
- Q: How long can an inquiry under this section last?
A: It must be completed within six months unless extended by the Magistrate for specific reasons. If a person is detained, the proceedings are terminated after six months of detention.
