Section 131 BNSS: Procedure in Respect of Person Present in Court
Section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes what the Court must do when the person concerned by an order under the preceding security provisions is already present before the Court. The provision requires the order to be read over to that person, or, if the person so desires, its substance to be explained.
Bare Act Text of Section 131 BNSS
Meaning and Scope of Section 131
Section 131 is a procedural safeguard within Chapter IX of the BNSS, which deals with security for keeping the peace and for good behaviour. It applies after a Magistrate has made the written order contemplated by Section 130 BNSS and the person to whom that order relates is present in Court.
In practical terms, the provision requires that the person be informed of the order in Court. The ordinary course is to read the order over to the person. If the person wants the substance of the order explained instead, the provision expressly permits that course.
Why Section 131 Matters
- It ensures that a person present before the Court is made aware of the order concerning him.
- It connects the written order under Section 130 with the next procedural stage in security proceedings.
- It allows the substance of the order to be explained where the person so desires.
- It operates differently from Section 132 BNSS, which addresses the situation where the person is not present in Court.
Relationship with Sections 130 to 133 BNSS
The provisions should be read together. Section 130 deals with the Magistrate's written order requiring a person to show cause. Section 131 applies if that person is already present in Court. Section 132 provides for summons or warrant where the person is not present, while Section 133 requires a copy of the Section 130 order to accompany such summons or warrant.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 131 BNSS substantially carries forward the subject dealt with by Section 112 of the Code of Criminal Procedure, 1973, namely the procedure where the person concerned is present in Court. For matters governed by the BNSS, the current provision should be cited as Section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Legal Resources
Related BNSS Sections
This page is intended for legal information and reference. The application of procedural law may depend on the facts, date of proceedings and applicable saving or transitional provisions.