Bharatiya Nagarik Suraksha Sanhita (BNSS) – Order To Give Security
Explanation:
This section deals with the power of a Magistrate to order a person to execute a bond with or without sureties, if it is deemed necessary for maintaining peace or good behavior. This is a preventative measure aimed at preventing potential breaches of the peace or disorderly conduct.
Key Points:
- A Magistrate can order a bond only after an inquiry is conducted, which establishes the necessity for such action.
- The bond can be executed with or without sureties, depending on the circumstances.
- The terms of the bond (nature, amount, and duration) cannot exceed those specified in Section 130 of the BNSS.
- The amount of the bond must be reasonable and not excessive.
- If the person subject to the bond is a minor, only their sureties can execute the bond.
Illustration:
Imagine a situation where there are repeated instances of verbal abuse and threats between two neighbors. The Magistrate, after conducting an inquiry, might conclude that ordering one or both individuals to execute a bond would be necessary to prevent further escalation and maintain peace in the neighborhood.
Common Questions & Answers: on Order To Give Security
Q: What are the grounds for ordering a bond?
A: The grounds are to keep the peace or to maintain good behaviour.
Q: Who can order a bond?
A: A Magistrate, after conducting an inquiry.
Q: What are the conditions for ordering a bond?
A: The person must be proven to be a threat to peace or good behavior. The order must be proportionate to the threat and must not exceed the terms specified in Section 130.
Q: What happens if the person fails to execute the bond?
A: The person can be punished for disobeying the Magistrate’s order.
