Code
When a Magistrate acting under section 126, section 127, section 128 or
section 129, deems it necessary to require any person to show cause under such section, he
shall make an order in writing, setting forth the substance of the information received, the
amount of the bond to be executed, the term for which it is to be in force and the number of
sureties, after considering the sufficiency and fitness of sureties.
Explanation:
When a Magistrate, acting under Sections 126, 127, 128, or 129 of the BNSS, believes it necessary to ask a person to explain their actions, they must issue a written order.
- Summary of the information received by the Magistrate
- Amount of the bond to be executed
- Duration of the bond
- Number of sureties required
The Magistrate must consider the suitability of the sureties and their ability to pay the bond amount before issuing it.
Illustration
Suppose a Magistrate receives information that a person is organizing a public gathering without permission. Under Section 126, the Magistrate can ask the person to show cause why they shouldn’t be prevented from organizing the gathering. Before issuing an order to the person, the Magistrate will consider the information, decide on the bond amount, duration, and sureties. They will then issue a written order outlining these details.
Common Questions and Answers:
Q: What are Sections 126, 127, 128, and 129 of the BNSS?
These sections relate to the Magistrate’s power to prevent public gatherings, processions, etc., that are likely to cause a breach of peace.
Q: What happens if the person fails to show cause?
If the person fails to show cause within the stipulated time, the Magistrate can take further action, including preventing the activity mentioned in the order.
Q: What are sureties?
Sureties are individuals who guarantee the bond amount and ensure the person complies with the conditions of the order.
