Section 135 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 135 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandates that a Magistrate must inquire into the truth of information when a person is brought before the court under certain conditions. Here's a detailed breakdown:
🔹 Section 135 – Inquiry as to Truth of Information
1. Initiation of Inquiry
When an order under Section 130 is read or explained to a person present in court, or when a person appears or is brought before a Magistrate in compliance with, or execution of, a summons or warrant issued under Section 132, the Magistrate is required to inquire into the truth of the information upon which action has been taken.
2. Manner of Inquiry
The inquiry should be conducted in a manner as nearly as practicable to that prescribed for conducting trials and recording evidence in summons-cases.
3. Preventive Measures During Inquiry
Before the completion of the inquiry, if the Magistrate considers it necessary to prevent a breach of the peace, disturbance of public tranquility, the commission of any offense, or to ensure public safety, they may direct the person to execute a bond or bail bond for keeping the peace or maintaining good behavior until the conclusion of the inquiry.
The person may be detained in custody until such bond is executed or, in default, until the inquiry concludes.
However, no person against whom proceedings are not being taken under Sections 127, 128, or 129 shall be directed to execute a bond for maintaining good behavior.
The conditions of the bond should not be more onerous than those specified in the order under Section 130.
4. Evidence of Habitual Offending
The fact that a person is a habitual offender or is so desperate and dangerous as to render their being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
5. Association of Multiple Persons
If two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate deems just.
6. Timeframe for Completion
The inquiry must be completed within six months from the date of its commencement.
If the inquiry is not completed within this period, the proceedings shall stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.
If any person has been kept in detention pending such inquiry, the proceedings against that person shall stand terminated on the expiry of six months of such detention.
7. Review of Continuance of Proceedings
Where a direction is made permitting the continuance of proceedings beyond six months, the Sessions Judge may, on an application made by the aggrieved party, vacate such direction if satisfied that it was not based on any special reason or was perverse.
This section ensures that individuals are not arbitrarily detained or subjected to preventive measures without a thorough examination of the information and circumstances. It aims to balance the need for public safety with the protection of individual rights.
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