SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOURCentral
Section 138 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
- (1)If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
- (2)In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
Summary
- If a person is already serving a prison sentence when a security order is issued under section 125 or 136, the security period begins after that sentence ends.
- In all other situations, the security period starts on the date the order is issued.
- A Magistrate has the authority to set a later start date for the security period if there is a sufficient reason to do so.
Practical examples
1Vijay is currently serving a two-year sentence for theft. A Magistrate orders him to provide security for good behavior. The one-year period for this security bond only starts the day Vijay finishes his prison sentence.
2Deepa is not in prison when she is ordered to provide a peace bond. The six-month period for her security starts on the very day the Magistrate makes the order.
3The Magistrate decides there is a specific reason to delay a peace bond. He orders that the one-year security period for Kabir will start two weeks after the order date instead of immediately.
FAQ
1. When does the security period start if I am already in prison?
The period for which security is required will commence only after your current sentence of imprisonment expires.
2. When does the security period start if I am not currently imprisoned?
The period generally commences on the date the order is made, unless the Magistrate specifies a later date for a sufficient reason.
3. Which sections of the law does this rule apply to?
This rule applies to security orders made under section 125 (Security for keeping peace on conviction) or section 136 (Order to give security).
Test yourself
Q1.Under Section 138 of The Bharatiya Nagarik Suraksha Sanhita, 2023, when does the security period start for a person already undergoing a sentence of imprisonment?
Q2.Under Section 138 of The Bharatiya Nagarik Suraksha Sanhita, 2023, in cases where the person is not in prison, when does the period for security commence?