Section 133: Inquiry as to Truth of Information

Overview

Section 133 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with a crucial procedural step. It outlines what a Magistrate must do before asking someone to provide security for keeping the peace or maintaining good behaviour. This section focuses on verifying the information that leads to such a demand.

Purpose of the Provision

This provision exists to prevent unfair or baseless demands for security. It ensures the Magistrate doesn’t act on unverified information. The goal is to protect individuals from harassment and ensure that security is only demanded when there’s a genuine reason to believe someone might disturb peace or engage in wrongdoing.

Step-by-Step Procedure

• Step 1 – Magistrate’s Action: The Magistrate receives information suggesting someone may disturb the peace or needs to be kept under control.
• Step 2 – Conducting the Inquiry: The Magistrate must conduct an inquiry. This means gathering evidence and hearing from relevant parties to determine if the information is true.
• Step 3 – Decision Based on Inquiry: Only after the inquiry is complete, and the Magistrate is satisfied that there’s sufficient reason, can they proceed to demand security from the person concerned. There is no specific timeline mentioned in the section itself, but the inquiry should be conducted expeditiously.

Rights and Safeguards

• Right to be Heard: The person against whom information is received has the right to be heard during the inquiry. They can present their side of the story.
• Impartial Inquiry: The Magistrate is obligated to conduct an impartial inquiry, considering all available evidence.
• No Automatic Demand: The section explicitly prevents the Magistrate from automatically demanding security simply based on initial information. An inquiry is mandatory.

Practical Examples

• Example 1: A neighbour complains to the Magistrate that another neighbour is making constant threats. The Magistrate must call both neighbours and potentially other witnesses to understand the situation before asking the alleged threat-maker to provide a bond for good behaviour.
• Example 2: Police report to the Magistrate that a group is planning a protest that might disrupt public order. The Magistrate needs to verify the information – is there credible evidence of a planned disruption? – before ordering the group to provide security.

Difference from Old CrPC Provision (if applicable)

The core principle remains the same as under the old Criminal Procedure Code (CrPC). Both required an inquiry before demanding security. The BNS doesn’t introduce significant changes to this fundamental aspect of the procedure.

Key Takeaways

Remember these key points: Section 133 protects individuals from arbitrary demands for security. A Magistrate must conduct an inquiry to verify information before asking for security. Individuals have the right to be heard during this inquiry. This section emphasizes fairness and due process in maintaining peace and order.