Bharatiya Nagarik Suraksha Sanhita, 2023
Section 137
Discharge of person informed against
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.
Why this exists
Preventive proceedings (asking someone to promise, via a bond, to keep the peace or behave well) can restrict a person's liberty even before any crime is committed. To prevent misuse of this power, the law requires that if the evidence doesn't support the need for a bond, the person must be officially cleared and freed without delay. This protects individuals from being held indefinitely under mere suspicion and ensures accountability by requiring a written record of the finding.
Common misconceptions
- Myth: The person can be kept in custody indefinitely until they agree to sign a bond.
Fact: The law requires immediate release if no proof shows the bond is necessary, and the finding must be recorded formally. - Myth: This section applies to punishment for a crime already committed.
Fact: It applies only to preventive inquiries about keeping peace or maintaining good behavior, not to trials for offences.