If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Section 137 BNSS: Discharge of person informed against
- Corresponding CrPC
- Section 118 CrPC
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Requires the Magistrate, if the inquiry does not prove that security is necessary, to record that on the file. A person in custody only for the inquiry is released, and one not in custody is discharged.
Chapter IX: Security For Keeping The Peace And For Good Behaviour
- 125 Security for keeping peace on conviction
- 126 Security for keeping peace in other cases
- 127 Security for good behaviour from persons disseminating certain matters
- 128 Security for good behaviour from suspected persons
- 129 Security for good behaviour from habitual offenders
- 130 Order to be made
- 131 Procedure in respect of person present in Court
- 132 Summons or warrant in case of person not so present
- 133 Copy of order to accompany summons or warrant
- 134 Power to dispense with personal attendance
- 135 Inquiry as to truth of information
- 136 Order to give security
- 137 Discharge of person informed against
- 138 Commencement of period for which security is required
- 139 Contents of bond
- 140 Power to reject sureties
- 141 Imprisonment in default of security
- 142 Power to release persons imprisoned for failing to give security
- 143 Security for unexpired period of bond