Section 130: Order to be Made

Overview

Section 130 of the Bhartiya Nagrik Suraksha Sanhita, 2023, deals with the form and content of the order made by a Magistrate when requiring someone to give security for keeping the peace or for good behaviour. It doesn’t deal with *whether* an order is made, but *how* that order is written and what it must include.

Purpose of the Provision

This provision ensures that any order asking someone to provide security (like a bond or cash deposit) is clear, specific, and legally sound. It prevents ambiguity and protects the rights of the person being asked to give security. It ensures fairness and transparency in the process.

Step-by-Step Procedure

• Step 1 – Magistrate’s Order: The Magistrate, after considering information under Sections 125-129, will issue a written order.
• Step 2 – Contents of the Order: The order must clearly state the amount of security required, the period for which it’s needed, and the conditions for its return.
• Step 3 – Form of Order: While the BNS Sanhita doesn’t prescribe a rigid format, the order must be in writing and signed by the Magistrate.

Rights and Safeguards

• The order must specify the reasons for requiring security. This ensures transparency.
• The person required to give security has the right to understand the conditions attached to it.
• The order must clearly state how the security will be returned once the conditions are met.
• There is an implicit requirement for the Magistrate to apply their mind to the specific facts of the case.

Practical Examples

• Example 1: A Magistrate believes a person might disturb public peace during a festival. Section 130 ensures the order requiring security clearly states the amount, the festival dates, and conditions for return (e.g., no disturbance of peace).
• Example 2: A person is asked to give security for good behaviour after a minor altercation. Section 130 ensures the order specifies what constitutes ‘good behaviour’ in this context and the duration for which security is required.

Difference from Old CrPC Provision (if applicable)

The BNS Sanhita largely retains the spirit of Section 125 of the old CrPC. However, the BNS Sanhita aims for greater clarity and simplicity in language across all provisions, which may be reflected in the drafting of orders under Section 130.

Key Takeaways

Section 130 is about the how of security orders, not the why. It’s crucial that these orders are clear, specific, and state the reasons for the requirement. Anyone receiving such an order should carefully read and understand all the conditions attached to it.