Code
If, upon such inquiry, it is proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be, that the person in respect of whom the
inquiry is made should execute a bond or bail bond, the Magistrate shall make an order
accordingly:
Provided that—
(a) no person shall be ordered to give security of a nature different from, or of
an amount larger than, or for a period longer than, that specified in the order made
under section 130;
(b) the amount of every bond or bail bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a child, the bond
shall be executed only by his sureties.
Explanation:
This section deals with the power of a Magistrate to order a person to execute a bond with or without sureties, if it is deemed necessary for maintaining peace or good behavior. This is a preventative measure aimed at preventing potential breaches of the peace or disorderly conduct.
Key Points:
- A Magistrate can order a bond only after an inquiry is conducted, which establishes the necessity for such action.
- The bond can be executed with or without sureties, depending on the circumstances.
- The terms of the bond (nature, amount, and duration) cannot exceed those specified in Section 130 of the BNSS.
- The amount of the bond must be reasonable and not excessive.
- If the person subject to the bond is a minor, only their sureties can execute the bond.
Illustration:
Imagine a situation where there are repeated instances of verbal abuse and threats between two neighbors. The Magistrate, after conducting an inquiry, might conclude that ordering one or both individuals to execute a bond would be necessary to prevent further escalation and maintain peace in the neighborhood.
Common Questions & Answers:
- Q: What are the grounds for ordering a bond?
A: The grounds are to keep the peace or to maintain good behaviour.
- Q: Who can order a bond?
A: A Magistrate, after conducting an inquiry.
- Q: What are the conditions for ordering a bond?
A: The person must be proven to be a threat to peace or good behavior. The order must be proportionate to the threat and must not exceed the terms specified in Section 130.
- Q: What happens if the person fails to execute the bond?
A: The person can be punished for disobeying the Magistrate’s order.
