Section 138 BNSS: Commencement of Period for Which Security Is Required
Section 138 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) determines the date from which a period of security begins after an order requiring security has been made under Section 125 or Section 136. The rule differs depending on whether the person is already sentenced to, or undergoing, imprisonment when the security order is made.
Bare Act Text of Section 138 BNSS
Meaning of Section 138 BNSS
Section 138 answers a specific timing question: after a Court or Magistrate has ordered a person to furnish security, when does the period of that security actually begin? The provision creates one rule for persons who are already under a sentence of imprisonment and another rule for all other cases.
It applies to security orders made under Section 125 BNSS and Section 136 BNSS.
Where the Person Is Sentenced to or Undergoing Imprisonment
Under sub-section (1), if the person is already sentenced to imprisonment, or is actually undergoing a sentence of imprisonment, at the time the security order is made, the security period does not begin immediately.
The purpose of this timing rule is to ensure that the period of preventive security operates after the sentence has ended rather than running concurrently with the sentence merely because the security order was made earlier.
In All Other Cases
Sub-section (2) provides the general rule. If the person is not covered by sub-section (1), the security period begins on the date of the order itself.
The Magistrate may, however, fix a later commencement date where there is sufficient reason to do so. The statute therefore permits a departure from the ordinary start date, but only on the basis of sufficient reason.
| Situation | When the Security Period Begins |
|---|---|
| Person is sentenced to imprisonment when the security order is made | On expiration of the sentence. |
| Person is already undergoing a sentence of imprisonment | On expiration of that sentence. |
| Any other case | On the date of the security order. |
| Magistrate finds sufficient reason for a later date | On the later date fixed by the Magistrate. |
What Does "Expiration of Such Sentence" Mean?
In the context of Section 138(1), the security period is postponed until the sentence of imprisonment referred to in the provision expires. The security period therefore does not ordinarily run during that sentence where sub-section (1) applies.
Meaning of "Sufficient Reason" under Section 138(2)
Section 138(2) does not define "sufficient reason". Its function is to give the Magistrate limited discretion to postpone the starting date in an appropriate case. The ordinary rule remains that the period begins on the date of the order; fixing a later date is an exception dependent on sufficient reason.
Relationship with Section 125 BNSS
Section 125 BNSS permits a Court, in specified circumstances following conviction, to require security for keeping the peace. Where such an order is made and the person is sentenced to or undergoing imprisonment, Section 138 determines when the security period begins.
Relationship with Sections 135 to 139 BNSS
Section 135 provides for inquiry into the truth of information. If security is proved necessary, Section 136 provides for an order to give security. If the necessity is not proved, Section 137 requires release or discharge.
Where security is ordered, Section 138 determines when the period begins, and Section 139 BNSS deals with the contents of the bond.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 138 BNSS substantially corresponds to Section 119 of the Code of Criminal Procedure, 1973, which dealt with commencement of the period for which security was required. For proceedings governed by the BNSS, the current statutory reference is Section 138 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Key Points at a Glance
- Section 138 deals only with the commencement date of the security period.
- It applies to security orders under Sections 125 and 136 BNSS.
- If the person is sentenced to or undergoing imprisonment, the period begins when that sentence expires.
- In other cases, the period normally begins on the date of the security order.
- The Magistrate may fix a later date where there is sufficient reason.
Official Legal Resources
Related BNSS Sections
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.