Section 130: Order to be made
Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 lays down the procedural framework under which a Magistrate may pass orders directing a person to explain his conduct, in relation to acts which may tend to disrupt public tranquility or interfere with the maintenance of public order. This is a very important aspect of accountability, particularly for those persons whose detention is ordered under Sections 126 to 129 of the BNSS.
Section 130 applies where a Magistrate acts under the provisions of Sections 126 (Security for Keeping the Peace), 127 (Security for Good Behaviour from Persons Disseminating Certain Matters), 128 (Security for Good Behaviour from Suspected Persons), or 129 (Security for Good Behaviour from Habitual Offenders) of the BNSS. In these scenarios, the Magistrate shall exercise due care in establishing whether a person threatens public peace or social order.
The Magistrate shall issue a written order which shall include the following essential details:
-The exact substance of the information upon which the action is taken.
-The sum of the bond the person needs to provide.
-The time for which the bond will be valid.
-The number of sureties that are required according to the Magistrate's discretion and judgment about their adequacy and dependability[1][2].
This would establish that the client is clearly shown the nature, in detail of the charges or issues which might necessitate obtaining a bond.
The primary intent of Section 130 is to bring people into custody who may be a nuisance to public peace or who had previously done an act detrimental to the social order. In such a scenario, the Magistrate ensures that persons are compelled to explain their action only when it is proved with sufficient cause before the execution of a bond for good behaviour is ordered upon them.
Once an order is made under Section 130, the following procedural steps are required to be taken:
-If the person is present in court, the Magistrate shall read or explain the order to him, as provided under Section 131 of the BNSS.
-In case the person is absent from the court, the Magistrate can issue a summons or warrant under Section 132, which should be accompanied by a copy of the order made under Section 130. This will ensure that the person is duly informed of the order and an opportunity to comply with or challenge it.
