The Delhi High Court has dismissed AISA leader Neha Bora's petition against a notice requiring her to furnish a ₹10,000 peace bond and appoint a surety. The notice was issued during an inquiry linked to a protest march against the Election Commission.
Justice Subramonium Prasad rejected the writ petition at this stage. The court also issued directions to the magistrate, including making all relevant material available to Bora.
Bora had challenged the notice issued by the Special Executive Magistrate court. It required her to appear before the magistrate and provide an undertaking to maintain peace while the inquiry continued. Following the High Court's decision, the bond requirement remains in place.
Why the notice was issued
Bora was detained on 16 October while she was going to join the 'Lahra Do Tiranga' march organised by the Cockroach Janta Party, or CJP. She was released on 17 October.
The notice followed the protest-related events and required a ₹10,000 bond for maintaining peace. It also required a surety. The court's directions concern the material that must be supplied to Bora during the proceedings.
What is a peace bond?
A peace bond is a preventive legal measure under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is placed in Chapter 9 of the law and is not imposed as punishment after a person is convicted of an offence.
The provision allows a Special Executive Magistrate to seek such a bond when there is credible information that a person may breach the peace, disturb public calm or commit an act likely to cause disruption.
In that situation, the person receives notice and is asked why an order requiring a peace undertaking should not be made. The period for which a peace bond is imposed can extend to a maximum of 1 year.
Signing the bond does not mean that a person loses all legal rights. However, the person must comply with the conditions attached to it. Whether a protest is restricted depends on the orders connected with that location and the law that applies there.
Whether the conditions have been breached is decided on the basis of the relevant documents and circumstances of the case.
What if someone refuses to sign?
Section 136(3) of the BNSS deals with a person who refuses to furnish the peace bond or cannot provide the surety amount sought by the magistrate. Such a person may be detained, and the magistrate may send them to judicial custody.
The custody can continue until the person signs the bond or the inquiry is completed. The upper time limit for completing the inquiry is 6 months.
What happens after an alleged breach?
If a magistrate is satisfied that a person has violated the conditions of a furnished peace bond, Section 141(1)(b) allows the magistrate to order the person's arrest and imprisonment.
The magistrate may order custody for the remaining period of the bond. Separately, if police believe that the person is about to commit a cognisable offence, they may take preventive action under Section 170.
These consequences relate to an established finding of breach under the applicable provision. The source material does not establish that Bora has violated the conditions of her bond.
Role of a Special Executive Magistrate
A regular magistrate is part of the judiciary. A Special Executive Magistrate works under the government and administration.
In Delhi, officers of the Assistant Commissioner of Police rank have been given the powers of Special Executive Magistrates. This can create a situation during protests in which police detain a person, act as the complainant and exercise the executive-magisterial power concerning custody.
The Delhi High Court had raised concerns about this arrangement in a 2018 judgment. It observed that the use of these powers showed a clear bias, stating that a large proportion of those sent to jail came from minority communities and economically weaker sections.
The court also questioned the large number of people sent to jail under these provisions in Delhi within only 1 year. The judgment noted that some people could remain in custody because they were unable to arrange substantial bail amounts or a surety.
Conclusion
The High Court's dismissal leaves Neha Bora facing the ₹10,000 peace-bond requirement and the related surety condition. Under the provisions described, refusal may lead to custody, while a proven breach can bring imprisonment for the remaining bond period.
Frequently Asked Questions
Q. What did the Delhi High Court decide?
The court dismissed Neha Bora's petition challenging the Special Executive Magistrate notice requiring the peace bond and surety.
Q. How much is the peace bond?
The peace bond is ₹10,000.
Q. Why was the notice issued?
The notice followed Bora's participation in events linked to a protest march against the Election Commission and required her to maintain peace during the inquiry.
Q. What is the maximum period of a peace bond?
A peace bond can remain in force for a maximum of 1 year.
Q. What may happen if a person refuses to sign?
The person may be detained and sent to judicial custody until the bond is signed or the inquiry is completed.
Q. How long can the inquiry continue?
The upper time limit for completing the inquiry is 6 months.
Q. What can follow a proven breach?
A magistrate may order arrest and imprisonment for the remaining period of the bond.
Q. Does signing a peace bond remove all rights?
No. The person retains legal rights but must follow the conditions attached to the bond.
