Section 140: Reference to Sessions Judge

Overview

Section 140 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with the appeal process. Specifically, it outlines how a person ordered to provide security for keeping the peace or good behaviour can challenge that order by referring the case to the Sessions Judge.

Purpose of the Provision

Sometimes, a Magistrate may ask someone to provide a bond (security) to ensure they maintain peace or behave well. This section allows a person who disagrees with this order to ask a higher court – the Sessions Judge – to review the decision. It ensures fairness and prevents unnecessary restrictions on a person’s freedom.

Step-by-Step Procedure

• Step 1 – Order by Magistrate: A Magistrate first passes an order requiring a person to give security for keeping the peace or for good behaviour under Section 139.
• Step 2 – Reference to Sessions Judge: The person who received the order can then request the Magistrate to refer the case to the Sessions Judge for review. This is essentially an appeal.
• Step 3 – Magistrate’s Role: The Magistrate will then forward the case, along with all relevant documents, to the Sessions Judge. There isn’t a strict timeline specified in the section itself, but delays should be avoided.

Rights and Safeguards

• Right to Appeal: The most important safeguard is the right to challenge the Magistrate’s order before a higher court.
• Reasoned Order: While not explicitly stated in Section 140, it’s good practice for the Magistrate to record the reasons for the initial order requiring security. This helps in the appeal process.
• Fair Hearing: The Sessions Judge will provide a fair hearing to the person appealing the order.

Practical Examples

• Example 1: Dispute between Neighbours: Two neighbours have a heated argument. The Magistrate, fearing a breach of peace, orders one neighbour to provide security. That neighbour can then request the Magistrate to refer the matter to the Sessions Judge.
• Example 2: Apprehension of Offence: A person is suspected of potentially committing an offence, but there isn’t enough evidence for arrest. The Magistrate orders security to ensure good behaviour. The person can appeal this order to the Sessions Judge, arguing they pose no threat.

Difference from Old CrPC Provision (if applicable)

Section 140 of the BNS largely mirrors the previous provision under the Criminal Procedure Code (CrPC). The core process of referring the case to the Sessions Judge remains the same. There are no significant structural changes.

Key Takeaways

If a Magistrate asks you to provide security for keeping the peace or good behaviour, you have the right to appeal this decision to the Sessions Judge. The process involves requesting the Magistrate to refer the case. Remember to gather any evidence supporting your case and be prepared to present it to the Sessions Judge.