Section 131: Procedure in Case of Person Present in Court

Overview

Section 131 of the Bhartiya Nagrik Suraksha Sanhita, 2023, outlines the process a court follows when it needs to ensure a person’s good behaviour or keep the peace. It deals with situations where the court believes someone might disrupt proceedings or pose a threat. This section focuses on the *procedure* when the person is already present *in* court.

Purpose of the Provision

This procedure exists to maintain order and security within the courtroom. It allows the court to prevent disruptions, ensure fair trials, and protect all parties involved. It addresses situations where a person’s presence itself might be a cause for concern, even if they haven’t committed a new offence.

Step-by-Step Procedure

• Step 1 – Court’s Order: The Magistrate (judge) will first assess the situation. If they believe a person’s presence is likely to cause a disturbance or breach of peace, they can initiate the process.
• Step 2 – Security Order: The Magistrate will then order the person to provide security. This usually means providing a bond (a financial guarantee) and potentially a surety (someone who guarantees the bond). The amount will be decided by the court.
• Step 3 – Compliance & Consequences: The person must comply with the order. If they fail to provide the required security, the court can take further action, potentially including detention to ensure peace and good behaviour. There is no specific timeline mentioned in the section itself, but the court will act promptly.

Rights and Safeguards

• Right to be Heard: The person against whom the order is made has the right to be heard by the court before any security is demanded.
• Reasonable Amount: The amount of security demanded must be reasonable and proportionate to the potential risk.
• Recording of Reasons: The Magistrate *must* record the reasons for requiring security in writing. This ensures transparency and accountability.
• Surety Option: The person can usually provide a surety instead of the full amount in cash.

Practical Examples

• Example 1: Disruptive Defendant: A defendant in a criminal trial repeatedly interrupts the proceedings with outbursts. The Magistrate, under Section 131, can order the defendant to provide security for good behaviour to ensure a fair trial.
• Example 2: Witness Intimidation: A witness is known to have a history of intimidating other witnesses. If the witness is present in court to testify, the Magistrate can require security to prevent any potential interference with the proceedings.

Difference from Old CrPC Provision (if applicable)

The BNS Sanhita largely mirrors the procedure under Section 122 of the old Criminal Procedure Code (CrPC). There are no significant changes to the core process. The BNS focuses on clearer language and streamlined procedures, but the fundamental rights and obligations remain similar.

Key Takeaways

Section 131 empowers courts to maintain order and security. Remember that the court must record its reasons for demanding security, and the amount must be reasonable. Individuals have the right to be heard before any security is required. This section is about *preventing* disruption, not punishing past actions.