Section 136: Contents of Bond

Overview

Section 136 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with the procedural aspect of executing a bond. This bond is used when a Magistrate asks someone to keep the peace or behave well, often to prevent a potential crime. It outlines what *must* be written in that legal document.

Purpose of the Provision

This provision exists to ensure clarity and enforceability when someone is asked to maintain peace or good behaviour. It prevents misunderstandings about the terms of the bond and protects both the individual and society. It’s a preventative measure to avoid potential disturbances or offences.

Step-by-Step Procedure

• Step 1 – Magistrate’s Order: A Magistrate (a judicial officer) will first issue an order requiring a person to enter into a bond. This order will specify the conditions for keeping the peace or behaving well.
• Step 2 – Bond Execution: The person (or someone on their behalf, with permission) must then sign a bond. This bond is a written agreement.
• Step 3 – Bond Contents: Section 136 specifies *what* must be in that bond. It must include the amount of money pledged (the ‘bond amount’), the period for which the bond is valid, and a clear statement of the conditions the person must follow.

Rights and Safeguards

• The bond must clearly state the consequences of breaking the conditions. This ensures the person understands what will happen if they don’t comply.
• The Magistrate must record the reasons for requiring the bond. This provides transparency and allows for review if needed.
• The person signing the bond has the right to understand all the terms and conditions.

Practical Examples

• Example 1: A Magistrate believes there’s a risk of a fight between two individuals. They order both to enter into a bond for ₹5,000 each, for six months, promising to stay away from each other and maintain peace. The bond will detail these conditions.
• Example 2: A person is suspected of planning a disruptive protest. The Magistrate orders them to enter a bond for ₹10,000, for one year, agreeing not to participate in any unlawful assembly. The bond will clearly state what constitutes an unlawful assembly.

Difference from Old CrPC Provision (if applicable)

The BNS Sanhita largely retains the core principles of Section 108 of the old Criminal Procedure Code (CrPC) regarding bonds for keeping the peace. However, the BNS emphasizes clearer language and a more structured approach to defining the conditions of the bond. The BNS aims for greater precision in outlining the obligations of the person giving the bond.

Key Takeaways

Remember these key points: Section 136 defines what *must* be included in a bond for peace or good behaviour. The bond amount, duration, and conditions must be clearly stated. Understanding these terms is crucial for anyone required to sign such a bond. The Magistrate’s reasons for requiring the bond are also important.