Section 137 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 137 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the discharge of a person who has been informed against during an inquiry.
📜 Section 137: Discharge of Person Informed Against
If, upon an inquiry conducted under Section 135, it is not established that it is necessary to require the person in question to execute a bond for keeping the peace or maintaining good behaviour, the Magistrate shall:
Record the Finding: Make an entry on the record to that effect.
Release or Discharge: If the person is in custody solely for the purposes of the inquiry, release them; if not in custody, discharge them.
⚖️ Legal Context
Objective: This provision ensures that individuals are not unjustly compelled to provide security if the inquiry does not substantiate the necessity for such a measure.
Comparison with Cr.P.C.: Section 137 of the BNSS corresponds to Section 118 of the Indian Penal Code (IPC), which similarly addresses the discharge of a person informed against. (prashantkanha.com, taxmanagementindia.com, indiankanoon.org)
🧾 Practical Implications
Protection of Rights: Safeguards individuals from unnecessary legal obligations when the inquiry does not justify them.
Judicial Oversight: Reinforces the role of the Magistrate in ensuring that actions taken are based on substantiated grounds.
Legal Recourse: Provides a clear procedural remedy for individuals who may otherwise be unjustly detained or compelled to provide security.
RELATED Blog
0 comments