Section 131 BNSS: Procedure in respect of person present in Court (Formerly Section 112 CrPC)

Section 131 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in respect of person present in Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 131

Section 131 regulates the procedure when the person in respect of whom an order under Section 130 is made is present in court, requiring the order to be read over and explained to them.

Presence in Court: The person is physically present in the Magistrate's court.
Reading & Explanation: The order made under Section 130 must be read over to them, or, if they so desire, the substance thereof explained.
Immediate Compliance Record: The Magistrate must record in the order sheet that the order was read and explained.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Supreme Court emphasised that reading and explaining the notice ensures that the person is not taken by surprise and understands the allegations.
State of U.P. v. Ram Swarup (1974) 4 SCC 764: Affirmed that procedural compliance in preventive proceedings is mandatory to protect personal liberty.

Courtroom Practice & Strategic Litigation Guidance:

Check the magistrate's order sheet. If the order was never read over or explained to the client, the subsequent inquiry is procedurally defective.