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Section 135 BNSS: Inquiry as to Truth of Information

Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the judicial inquiry that follows an order requiring a person to show cause in proceedings for security for keeping the peace or for good behaviour. It requires the Magistrate to inquire into the truth of the information on which action was initiated and contains safeguards relating to evidence, interim security, detention and the time within which the inquiry should be completed.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions came into force on 1 July 2024, subject to the limited exception specified in the commencement notification.

Bare Act Text of Section 135 BNSS

135. Inquiry as to truth of information.

(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:

Provided that-

(a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130.

(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

Meaning and Scope of Section 135 BNSS

Section 135 is the inquiry stage of Chapter IX proceedings relating to security for keeping the peace and for good behaviour. Once the preliminary order under Section 130 BNSS has been communicated to the person concerned, the Magistrate must examine whether the information on which preventive action was initiated is true.

The provision is not confined to merely receiving the initial information. The Magistrate may take further evidence that appears necessary and must conduct the inquiry, as nearly as practicable, according to the procedure prescribed for summons-case trials and recording of evidence.

How the Inquiry Begins

Situation	What Section 135 Requires
Person is already present in Court	After the Section 130 order has been read or explained under Section 131, the Magistrate proceeds to inquire into the truth of the information.
Person was not present in Court	When the person appears or is brought before the Magistrate pursuant to a summons or warrant under Section 132, the inquiry begins.
Further evidence is required	The Magistrate may take such further evidence as appears necessary.

Inquiry to Follow Summons-Case Procedure

Under sub-section (2), the inquiry is to be conducted, as nearly as practicable, in the manner prescribed for conducting a summons-case trial and recording evidence. This gives the proceeding a structured judicial character and ensures that the truth of the allegations is examined through an evidentiary process.

Interim Bond or Bail Bond During the Inquiry

Sub-section (3) allows the Magistrate to take immediate preventive measures after the inquiry has commenced but before it is completed. The power may be exercised where immediate action is considered necessary to prevent a breach of the peace, disturbance of public tranquillity, commission of an offence or to protect public safety.

Reasons must be recorded: An interim direction to execute a bond or bail bond under Section 135(3) must be supported by reasons recorded in writing.

The person may be required to execute a bond or bail bond for keeping the peace or maintaining good behaviour until the inquiry concludes. If the required bond or bail bond is not executed, the person may be detained in custody until execution or until the inquiry is concluded, subject to the safeguards contained in the section.

Limits on Interim Security Conditions

A person who is not facing proceedings under Sections 127, 128 or 129 cannot be directed under Section 135(3) to execute a bond or bail bond for maintaining good behaviour.
The interim bond conditions cannot be more onerous than those specified in the original order under Section 130.
The restriction applies to the amount, provision of sureties, number of sureties and the pecuniary extent of their liability.

Evidence of Habitual or Dangerous Conduct

Sub-section (4) permits the fact that a person is a habitual offender, or is so desperate and dangerous that remaining at large without security would be hazardous to the community, to be proved by evidence of general repute or otherwise.

Joint or Separate Inquiries

Where two or more persons are associated together in the matter under inquiry, sub-section (5) permits the Magistrate to deal with them in the same inquiry or in separate inquiries, according to what the Magistrate considers just.

Six-Month Time Limit for Completing the Inquiry

Sub-section (6) provides that the inquiry should be completed within six months from the date of commencement. If it is not completed within that period, the proceedings under the Chapter stand terminated on expiry of six months unless the Magistrate, for special reasons recorded in writing, directs otherwise.

Detention safeguard: Where a person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, stands terminated on the expiry of six months of such detention.

Review by the Sessions Judge

Sub-section (7) provides a further safeguard. If the Magistrate permits proceedings to continue beyond six months under sub-section (6), an aggrieved party may apply to the Sessions Judge. The Sessions Judge may vacate the Magistrate's direction if satisfied that it was not based on any special reason or was perverse.

Key Requirements of Section 135

The Magistrate must inquire into the truth of the information on which preventive action was taken.
Further evidence may be taken where necessary.
The inquiry should, as nearly as practicable, follow summons-case procedure.
Interim security may be ordered only on the statutory grounds and for reasons recorded in writing.
Interim bond conditions cannot be more onerous than those in the Section 130 order.
The inquiry is ordinarily to be completed within six months.
Continuation beyond six months requires special reasons recorded in writing.
The Sessions Judge may review and vacate an unjustified or perverse continuation direction.

Relationship with Sections 130 to 137 BNSS

Section 135 follows the preliminary procedure laid down in Section 130, Section 131, Section 132, Section 133 and Section 134. After the inquiry, the Magistrate may proceed under Section 136 BNSS to make an order to give security if the statutory requirements are satisfied, or discharge the person under Section 137 BNSS where the information is not proved.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 135 BNSS substantially corresponds to Section 116 of the Code of Criminal Procedure, 1973, which also dealt with inquiry as to the truth of information in preventive security proceedings. For proceedings governed by the BNSS, the current statutory reference is Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.