Section 135 BNSS: Inquiry as to truth of information
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 135 BNSS at a Glance
Section 135 BNSS deals with inquiry as to truth of information. It replaced Section 116 CrPC on 1 July 2024.
Section 135 BNSS Bare Act Text
(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130.
(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
Source: Section 135, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 135 BNSS in Simple Words
Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the inquiry into the truth of the information on which action has been taken. The Magistrate shall hold this inquiry, and take any further evidence that appears necessary, in two cases. One is where an order under Section 130 BNSS has been read or explained, under Section 131 BNSS, to a person present in Court. The other is where a person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 132 BNSS. The inquiry shall follow, as nearly as may be practicable, the manner that the Sanhita prescribes for conducting trial and recording evidence in summons-cases. While the inquiry is under way, the Magistrate may direct the person named in the order under Section 130 BNSS to execute a bond or bail bond. The bond or bail bond is for keeping the peace or maintaining good behaviour until the inquiry ends. The Magistrate may do so if the Magistrate considers immediate measures necessary to prevent a breach of the peace, a disturbance of the public tranquillity or the commission of any offence.
The Magistrate may also do so if the Magistrate considers immediate measures necessary for the public safety. The Magistrate shall record the reasons in writing, and may detain the person in custody until the bond or bail bond is executed or, if it is not executed, until the inquiry is concluded. The proviso has two clauses, and the first concerns a bond or bail bond for maintaining good behaviour. No person against whom proceedings are not being taken under Section 127 BNSS, Section 128 BNSS or Section 129 BNSS shall be directed to execute such a bond or bail bond. The second clause says that the conditions of the bond or bail bond shall not be more onerous than those specified in the order under Section 130 BNSS. This covers the amount, the provision of sureties, the number of sureties and the pecuniary extent of their liability. For the purposes of Section 135 BNSS, evidence of general repute or otherwise may prove that a person is a habitual offender. Such evidence may likewise prove that a person is so desperate and dangerous that being at large without security is hazardous to the community.
Where two or more persons have been associated together in the matter under inquiry, the Magistrate may deal with them in the same or separate inquiries, as the Magistrate thinks just. The inquiry shall be completed within six months from the date it began. If it is not completed, the proceedings under Chapter IX of the Sanhita shall stand terminated when that period expires, unless the Magistrate otherwise directs for special reasons to be recorded in writing. Under the proviso, where a person has been kept in detention pending the inquiry, the proceeding against that person shall stand terminated when six months of that detention have expired, unless it is terminated earlier. Where a direction under Section 135(6) BNSS permits the proceedings to continue, the Sessions Judge may vacate that direction on an application made by the aggrieved party. The Sessions Judge may do so if satisfied that the direction was not based on any special reason or was perverse.
When Section 135 BNSS Applies
- Under Section 135(1) BNSS the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken when an order under Section 130 BNSS has been read or explained under Section 131 BNSS to a person present in Court.
- Under Section 135(1) BNSS the Magistrate shall also proceed to inquire when any person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 132 BNSS.
- Under Section 135(2) BNSS the inquiry shall be made, as nearly as may be practicable, in the manner that the Sanhita prescribes for conducting trial and recording evidence in summons-cases.
- Under Section 135(3) BNSS, after the commencement and before the completion of the inquiry, the Magistrate may, for reasons to be recorded in writing, direct the person in respect of whom the order under Section 130 BNSS has been made to execute a bond or bail bond for keeping the peace or maintaining good behaviour until the conclusion of the inquiry.
- Under Section 135(4) BNSS the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
- Under Section 135(5) BNSS, where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
- Under Section 135(7) BNSS, where any direction is made under Section 135(6) BNSS permitting the continuance of proceedings, the Sessions Judge may, on an application made by the aggrieved party, vacate such direction if satisfied that it was not based on any special reason or was perverse.
Time Limits Under Section 135 BNSS
- Under Section 135(6) BNSS the inquiry shall be completed within a period of six months from the date of its commencement.Act text: “The inquiry under this section shall be completed within a period of six months from the date of its commencement”
- If the inquiry is not so completed, the proceedings under the Chapter shall, on the expiry of that period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.Act text: “if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs”
- Under the proviso to Section 135(6) BNSS, where any person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.Act text: “the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention”
- Under Section 135(3) BNSS the bond or bail bond is for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and the person may be detained in custody until the bond or bail bond is executed or, in default of execution, until the inquiry is concluded.Act text: “until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded”
Example of Section 135 BNSS
When Section 135 BNSS Does Not Apply
- Section 135(3)(a) BNSS speaks of a bond or bail bond for maintaining good behaviour. It does not deal with a bond or bail bond for keeping the peace.
- Section 135(2) BNSS speaks of the manner prescribed for summons-cases. It does not deal with the manner of conducting a trial in warrant-cases.
Section 135 BNSS in the CrPC (Previous Law)
Section 135 BNSS replaced Section 116 CrPC from 1 July 2024.
Section 116 CrPC is found in Section 135 BNSS from 1 July 2024, with the same heading. Section 135(1) BNSS refers to Section 130 BNSS, Section 131 BNSS and Section 132 BNSS where Section 116(1) CrPC referred to Section 111 CrPC, Section 112 CrPC and Section 113 CrPC. Section 135(3) BNSS refers to Section 130 BNSS, and Section 135(3)(a) BNSS to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS, where Section 116(3) CrPC referred to Section 111 CrPC and Section 116(3)(a) CrPC to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. Section 135(3) BNSS and Section 135(3)(a) BNSS read bond or bail bond where Section 116(3) CrPC and Section 116(3)(a) CrPC read a bond, with or without sureties, and a bond, a change of form. Section 135(2) BNSS and Section 135(4) BNSS to Section 135(7) BNSS carry the same words as Section 116(2) CrPC and Section 116(4) CrPC to Section 116(7) CrPC.
Each sub-section below names its own source.
FAQs on Section 135 BNSS
When does the Magistrate inquire into the truth of the information under Section 135 BNSS?▼
Under Section 135(1) BNSS the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary, when an order under Section 130 BNSS has been read or explained under Section 131 BNSS to a person present in Court, or when any person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 132 BNSS.
What may the Magistrate direct while the inquiry under Section 135 BNSS is going on?▼
Under Section 135(3) BNSS, after the commencement and before the completion of the inquiry, the Magistrate may, for reasons to be recorded in writing, direct the person to execute a bond or bail bond for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain the person in custody until the bond or bail bond is executed or, in default of execution, until the inquiry is concluded. The Magistrate may do so if the Magistrate considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety. The first clause of the proviso says that no person against whom proceedings are not being taken under Section 127 BNSS, Section 128 BNSS or Section 129 BNSS shall be directed to execute a bond or bail bond for maintaining good behaviour. The second clause says that the conditions of the bond shall not be more onerous than those specified in the order under Section 130 BNSS.
How long can an inquiry under Section 135 BNSS last?▼
Under Section 135(6) BNSS the inquiry shall be completed within a period of six months from the date of its commencement. If it is not so completed, the proceedings under the Chapter shall, on the expiry of that period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs. Under the proviso, where any person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. Under Section 135(7) BNSS the Sessions Judge may, on an application made by the aggrieved party, vacate a direction made under Section 135(6) BNSS permitting the continuance of proceedings if satisfied that it was not based on any special reason or was perverse.
What changed from Section 116 CrPC to Section 135 BNSS from 1 July 2024?▼
Section 135 BNSS has the same heading as Section 116 CrPC. Section 135(1) BNSS refers to Section 130 BNSS, Section 131 BNSS and Section 132 BNSS where Section 116(1) CrPC referred to Section 111 CrPC, Section 112 CrPC and Section 113 CrPC. Section 135(3) BNSS reads a bond or bail bond, and until such bond or bail bond is executed, where Section 116(3) CrPC read a bond, with or without sureties, and until such bond is executed. Section 135(3) BNSS refers to the order under Section 130 BNSS where Section 116(3) CrPC referred to the order under Section 111 CrPC. Section 135(3)(a) BNSS refers to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS and reads a bond or bail bond where Section 116(3)(a) CrPC referred to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC and read a bond. Section 135(3)(b) BNSS refers to the order under Section 130 BNSS where Section 116(3)(b) CrPC referred to the order under Section 111 CrPC. The bond or bail bond wording is a change of form: Section 2(1)(e) BNSS defines a bond as a personal bond or undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The rest of the text is the same.
Section 135 BNSS: Sub-sections Explained
Section 135(1) BNSS: Inquiry as to truth of information
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Bare Act Text
(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
Section 135(2) BNSS: Inquiry as to truth of information
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Bare Act Text
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
Section 135(3) BNSS: Inquiry as to truth of information
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Bare Act Text
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130.
Section 135(4) BNSS: Inquiry as to truth of information
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Bare Act Text
(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
Section 135(5) BNSS: Inquiry as to truth of information
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Bare Act Text
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
Section 135(6) BNSS: Inquiry as to truth of information
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Bare Act Text
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
Section 135(7) BNSS: Inquiry as to truth of information
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Bare Act Text
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·