BNSS Section 138: Commencement Of Period For Which Security Is Required
The equivalent of the CRPC section you provided in the Bharatiya Nagarik Suraksha Sanhita (BNSS) is Section **134**.
Section 134 of BNSS:
(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases, such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
Explanation: on Commencement Of Period For Which Security Is Required
This section deals with the commencement date of the period for which security is required under sections 125 and 136 of the BNSS. It essentially states:
- If the person against whom the security order is made is already serving a prison sentence, the security period will begin upon their release.
- If the person is not currently serving a sentence, the security period will start on the date the order is made.
- The Magistrate can, for justifiable reasons, postpone the commencement of the security period to a later date.
Illustration:
Imagine a man, X, is ordered to provide security under Section 125 for his wife, Y. However, X is currently serving a two-year prison sentence. In this case, the security period for X will start upon his release from prison. This is two years from the date of the order.
Common Questions and Answers:
- Q: What happens if the person fails to provide security within the stipulated period?A: Failure to provide security within the specified timeframe can lead to further legal action, including possible arrest.
- Q: What are the “sufficient reasons” for postponing the commencement date of the security period?A: These reasons could include circumstances like illness and financial hardship. It could also be other compelling factors that necessitate a delay in providing security.
- Q: Can the Magistrate extend the security period beyond the initial duration?A: Yes, under certain circumstances, the Magistrate can extend the security period upon a fresh application.
