Section 137 BNSS: Discharge of person informed against

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 137 BNSS at a Glance

Section 137 BNSS deals with discharge of person informed against. It replaced Section 118 CrPC on 1 July 2024.

Was CrPC

Section 118 →

Section 137 BNSS Bare Act Text

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.

Source: Section 137, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 137 BNSS in Simple Words

Section 137 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an inquiry under Section 135 BNSS in which it is not proved that it is necessary, for keeping the peace or maintaining good behaviour, 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.

If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person, or, if the person is not in custody, shall discharge that person.

When Section 137 BNSS Applies

  • Section 137 BNSS applies on an inquiry under Section 135 BNSS in which it is not proved that it is necessary for keeping the peace or maintaining good behaviour 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.
  • If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person.
  • If the person is not in custody, the Magistrate shall discharge that person.

Example of Section 137 BNSS

A Magistrate holds an inquiry under Section 135 BNSS in respect of Sunil. It is not proved that it is necessary for maintaining good behaviour that Sunil should execute a bond. Under Section 137 BNSS, the Magistrate shall make an entry on the record to that effect. If Sunil is in custody only for the purposes of the inquiry, the Magistrate shall release Sunil. If Sunil is not in custody, the Magistrate shall discharge Sunil.

When Section 137 BNSS Does Not Apply

  • Section 137 BNSS speaks of an inquiry in which it is not proved that a bond is necessary. It does not deal with the contents of a bond, which Section 139 BNSS addresses.
  • Section 137 BNSS speaks of the release or discharge of the person in respect of whom the inquiry is made. It does not deal with the release of persons imprisoned for failing to give security, which Section 142 BNSS addresses.

Section 137 BNSS in the CrPC (Previous Law)

Section 137 BNSS replaces Section 118 CrPC from the old criminal code.

Section 137 BNSS has the same heading and the same text as Section 118 CrPC. Section 137 BNSS refers to an inquiry under Section 135 BNSS where Section 118 CrPC referred to an inquiry under Section 116 CrPC.

View CrPC Section 118 →

FAQs on Section 137 BNSS

When does Section 137 BNSS apply?▼

Section 137 BNSS applies on an inquiry under Section 135 BNSS in which it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should execute a bond.

What does the Magistrate do under Section 137 BNSS if the person is in custody?▼

If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person. If the person is not in custody, the Magistrate shall discharge that person.

What shall the Magistrate record under Section 137 BNSS?▼

The Magistrate shall make an entry on the record to the effect that it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person should execute a bond.

What changed from Section 118 CrPC to Section 137 BNSS from 1 July 2024?▼

Section 137 BNSS has the same heading and the same text as Section 118 CrPC. Section 137 BNSS refers to an inquiry under Section 135 BNSS where Section 118 CrPC referred to an inquiry under Section 116 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·