Section 137 BNSS: Discharge of person informed against (Formerly Section 118 CrPC)

Section 137 of Bharatiya Nagarik Suraksha Sanhita, 2023: Discharge of person informed against

Official Bare Act Text

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

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.

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 137

Section 137 mandates the discharge of the 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 that the person should execute a bond.

Failure of Prosecution Proof: Police fail to lead evidence, or evidence fails to establish imminent breach of peace.
Mandatory Duty to Discharge: The Magistrate SHALL make an entry on the record to that effect, and if the person is in custody only for the purpose of the inquiry, release him.
Formal exoneration: Complete termination of preventive proceedings.

Key Landmark Precedents:

Rajender Singh Pathania v. State (NCT of Delhi) (2011) 13 SCC 329: The Supreme Court held that where the police fail to substantiate allegations of public disorder, the magistrate is bound to discharge the person under Section 118 CrPC (Section 137 BNSS).
Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: Affirmed that failure to prove necessity of bond ends the magistrate's preventive jurisdiction.

Courtroom Practice & Strategic Litigation Guidance:

If the police witnesses fail to appear on two consecutive dates, file an application under Section 137 BNSS praying for immediate discharge on grounds of lack of prosecution evidence.