Section 134: Order to Give Security

Overview

Section 134 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with a preventive procedure. It allows a Magistrate to order a person to provide security – usually a bond or surety – to ensure they maintain peace and good behaviour. This isn’t about punishing someone for a crime, but preventing potential trouble.

Purpose of the Provision

Sometimes, a Magistrate believes someone is likely to disturb public peace or engage in unlawful behaviour. This section lets the Magistrate take action before a crime happens. It aims to prevent breaches of the peace and maintain law and order by requiring a person to assure the court of their good conduct.

Step-by-Step Procedure

• Step 1 – Magistrate’s Inquiry: A Magistrate initiates the process. They must be satisfied, after conducting an inquiry, that there’s a reason to believe a person may disturb the peace.
• Step 2 – Order to Give Security: If satisfied, the Magistrate orders the person to give security. This usually means providing a bond (a promise to pay a sum of money if they break the peace) or a surety (someone else promising to pay if they do). The amount is decided by the Magistrate.
• Step 3 – Compliance and Consequences: The person must comply with the order. If they fail to do so, they can be arrested and brought before the Magistrate, who can then impose further conditions or penalties. There isn’t a strict timeline mentioned in the section itself, but prompt compliance is expected.

Rights and Safeguards

• Right to be Heard: The person against whom the order is made has the right to be heard by the Magistrate during the inquiry.
• Reasoned Order: While not explicitly stated, it’s good practice (and legally expected) for the Magistrate to record the reasons for their satisfaction and the order.
• Proportionality: The amount of security demanded should be reasonable and proportionate to the potential risk.
• No Imprisonment for Non-Compliance (Initially): The section doesn’t allow immediate imprisonment simply for failing to provide security. Arrest happens only if the person *after* the order, breaches the peace.

Practical Examples

• Example 1: A Magistrate receives information that two groups are likely to clash during a festival. The Magistrate, after an inquiry, orders leaders from both groups to provide security, promising to maintain peace.
• Example 2: A person has a history of making public threats. The Magistrate, after an inquiry, orders them to provide security, ensuring they refrain from making such threats in the future.

Difference from Old CrPC Provision (if applicable)

The BNS largely mirrors the earlier CrPC Section 108 in its core function. However, the BNS emphasizes a more streamlined process and clearer language. The focus remains on preventive action, but the new Sanhita aims for greater efficiency.

Key Takeaways

Section 134 is a preventive tool for Magistrates. It allows them to require security from individuals likely to disturb the peace. Remember that this isn’t a punishment, but a measure to maintain law and order. Understanding your right to be heard during the inquiry is crucial.