Bharatiya Nagarik Suraksha Sanhita, 2023
Section 131
Procedure in respect of person present in Court
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.
Why this exists
This provision is part of a set of rules ensuring people know what legal orders are being made about them, especially orders like those requiring security for keeping the peace or good behaviour. The idea is rooted in natural justice: a person shouldn't be bound by an order they never understood. Reading it aloud, or explaining it in simple terms, ensures the person present has actually been informed, not just that paperwork was filed.
Common misconceptions
- Myth: The court can just file the order without telling the person what it says, as long as they were in the courtroom.
Fact: The law requires the order to actually be read aloud, or its meaning explained, to the person present — silence or mere presence isn't enough.