Neha Bora: Delhi High Court Challenges Peace Bond Under BNSS 2023

• AISA president Neha Bora has moved the Delhi High Court to challenge a Special Executive Magistrate's notice requiring a ₹10,000 personal bond to maintain peace.
• The notice, issued by Delhi Police, cites Sections 126, 130, and 135(3) of the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.
• Bora's legal team intends not to sign the bond and may seek an urgent hearing during the High Court's Dussehra vacation.
• The directive followed Bora's detention on October 16 during a gathering at Mandi House, where she was held overnight at RK Puram police station.
• This case represents one of the initial judicial challenges to police notices issued under the recently implemented BNSS 2023.

This legal action marks one of the earliest judicial challenges to police notices issued under the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, particularly concerning mandates for peace bonds.

Neha Bora, who serves as the president of the All India Students Association (AISA), has initiated legal proceedings in the Delhi High Court. Her petition directly challenges a directive issued by a Special Executive Magistrate (SEM) that mandates her to furnish a personal bond amounting to ₹10,000, along with a surety, to ensure she 'maintain peace during the period of inquiry.' This development was confirmed by Bora's legal representatives.

The High Court is currently observing its Dussehra vacation and is scheduled to resume operations on October 26. Despite the court's closure, Bora's legal team has indicated their intention to seek an urgent hearing to address the matter promptly. The notice from the Delhi Police, which was delivered to Bora on October 18, instructed her to appear before the SEM on October 19. This directive for a peace bond follows an incident on October 16, during which Bora was detained while participating in a gathering at Mandi House. She has alleged that she was subsequently transported to an undisclosed location before being taken to the RK Puram police station, where she was held overnight and released at 6 AM the following day. The SEM notice itself is dated October 17, though she received it on October 18.

Bora's legal counsel has communicated their decision to the SEM that they will not sign the stipulated bond. The subsequent course of action will be determined based on the SEM's response to this refusal.

The notice issued to Neha Bora by the Special Executive Magistrate explicitly references its basis in the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Specifically, the directive cites Sections 126 and 130, read in conjunction with Section 135(3), of the new criminal procedure code. The stated rationale behind the issuance of this notice is the apprehension of a potential breach of public peace and tranquillity.

This marks an early application of the BNSS 2023, which replaced the colonial-era Code of Criminal Procedure. The BNSS 2023 was enacted on December 25, 2023, and came into force on July 1, 2024. The provisions invoked are typically utilized to prevent potential disturbances to public order by requiring individuals to commit to maintaining peace, often through a financial bond. The challenge brought by Neha Bora against this Delhi High Court Special Executive Magistrate notice therefore scrutinizes the initial implementation of these new legal frameworks.

This legal action marks one of the earliest judicial challenges to police notices issued under the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, particularly concerning mandates for peace bonds. The outcome of the Neha Bora Delhi High Court peace bond challenge is poised to establish significant precedents regarding the interpretation and application of the new code's provisions, specifically Sections 126, 130, and 135(3).

The case will offer crucial insights into how courts will assess the grounds for issuing such notices and the scope of powers granted to executive magistrates under the BNSS 2023. For legal professionals and compliance officers, monitoring this case is vital, as its resolution will inform strategies for advising clients who may encounter similar police notices or are involved in public assemblies. The challenge to this BNSS 2023 police notice could shape future enforcement practices and individual rights under the new legal regime.

Lawyers and compliance officers should closely monitor the Delhi High Court's proceedings in this case, as it represents one of the earliest judicial challenges to police notices issued under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, particularly concerning peace bonds. The outcome will provide crucial insights into the interpretation and application of BNSS Sections 126, 130, and 135(3), informing strategies for advising clients who may receive similar notices or are involved in public gatherings.

Source: Original reporting via Bar & Bench