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BNSS, 2023
Start Practicing
BNSSChapter IXSection 130
Section130

Order to be made

AI Assist

Summary

When a magistrate requires a person to show cause under the related powers, they must make a written order. The order must record the substance of the information received, the amount of the bond, the term for which it will run, and the number of sureties. The magistrate must consider the sufficiency and fitness of the sureties before fixing them.

Example

Priya is asked by a magistrate to show cause after a neighbour complains about repeated loud music. The magistrate issues a written order summarising the complaint, sets a bond of Rs 10,000 for six months and requires two sureties after checking they are fit and sufficient.

Bare Act

Enacted text

When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

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IX

Chapter IX

Security for Keeping The Peace and for Good Behaviour

In this chapter

  • 125Security for keeping peace on conviction
  • 126Security for keeping peace in other cases
  • 127Security for good behavior from persons disseminating certain matters
  • 128Security for good behavior from suspected persons
  • 129Security for good behavior from habitual offenders
  • 130Order to be made
  • 131Procedure in respect of person present in Court
  • 132Summons or warrant in case of person not so present
  • 133Copy of order to accompany summons or warrant
  • 134Power to dispense with personal attendance
  • 135Inquiry as to truth of information
  • 136Order to give security
  • 137Discharge of person informed against
  • 138Commencement of period for which security is required
  • 139Contents of bond
  • 140Power to reject sureties
  • 141Imprisonment in default of security
  • 142Power to release persons imprisoned for failing to give security
  • 143Security for unexpired period of bond
Previous · Section 129Security for good behavior from habitual offendersNext · Section 131Procedure in respect of person present in Court