Section 131 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 131 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure when a person is present in court during the issuance of an order under this legislation.
📜 Text of Section 131: Procedure in Respect of Person Present in Court
Section 131:
"If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him."
This provision ensures that individuals are informed of the orders made against them in a manner that is clear and comprehensible.
⚖️ Legal Context and Implications
Alignment with CrPC: Section 131 of the BNSS is closely aligned with Section 112 of the Code of Criminal Procedure (CrPC), 1973, which mandates that orders be read over or explained to the person present in court.
Protection of Rights: This section upholds the principle of natural justice by ensuring that individuals are made aware of the legal actions being taken against them, allowing them an opportunity to respond or seek clarification.
Judicial Transparency: By requiring the reading or explanation of orders in court, this provision promotes transparency in judicial proceedings and reinforces the accountability of the legal system.
🧾 Illustrative Example
Scenario: An individual is present in court when the magistrate issues an order under the BNSS. In accordance with Section 131, the magistrate reads the order aloud to the individual. If the individual requests, the magistrate provides a summary or explanation of the order, ensuring the individual understands the legal implications and their rights.
RELATED Blog
comments