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BNSS, 2023
Start Practicing
BNSSChapter IXSection 138
Section138

Commencement of period for which security is required

AI Assist

Summary

If a court orders a person to give security while that person is serving a jail sentence, the required security period begins only after the sentence ends. In other situations the period starts on the date of the order. A Magistrate may, for sufficient reason, fix a later start date.

Example

Priya is serving a two-month jail term when a court orders her to deposit security for a future obligation. Her obligation to maintain that security will begin only after she completes the two-month sentence, not from the date of the order.

Bare Act

Enacted text

(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.

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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 137Discharge of person informed againstNext · Section 139Contents of bond