Executive Magistrates Cannot Invoke S.130 BNSS In Purely Private Disputes: Kerala High Court
The Kerala High Court has held that Executive Magistrates cannot invoke Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in matters arising from purely private disputes, such as allegations of cheating or breach of trust, unless there is a demonstrable threat to public peace or tranquillity.
Justice V G Arun delivered the judgment in a petition filed challenging the order and summons issued by Sub-Divisional Magistrate, Muvattupuzha under Sections 126 (Security for keeping peace in other cases), 130(Order to be made), and 132 (Summons or warrant in case of person not so present) of the BNSS.
The proceedings under Section 130 were initiated since two criminal cases were pending against the petitioner for offences under Sections 406 (Punishment for Criminal Breach of Trust) and 420(Cheating and Dishonestly Inducing Delivery of Property) of the Indian Penal Code.
Section 130 of the BNSS empowers Executive Magistrates to call upon individuals to show cause why they should not be ordered to execute a bond for keeping the peace. The petitioner contended that the offences alleged were private in nature. It was also argued that the mandatory requirement of prior notice under Section 126 had been violated, rendering the subsequent summons under Section 132 unlawful.
The Court examined the scope of Chapter IX of BNSS and observed that the provisions of the chapter can be invoked only to ensure peace and tranquility within the jurisdiction. The Court stated that the proceedings under Chapter IX must strictly adhere to the procedural mandate under Section 126 of BNSS. It further observed that the Executive Magistrate failed to state how the commission of offences which are private in nature can result in breach of peace or the tranquility in the locality.
“The offences alleged against the petitioner, which is the reason for initiating the proceedings, are breach of trust and cheating. Being so, the Executive Magistrate is duty bound to state as to how the commission of those offences, which are more in the nature of private dispute, can result in breach of peace or the tranquility in the locality being disturbed. In Annexure A4 (Order by Executive Magistrate) not only has the Executive Magistrate failed to state any such reason but even the substance of the information received is not set forth in the order” Court noted.
The Court thus allowed the petition and quashed the order issued by the executive Magistrate.
Case Title: M V Nithamol v State of Kerala
Case No: Crl. M C 8561/ 2025
Citation: 2025 LiveLaw (Ker) 672
Counsel for Petitioner: BInu Babukuttan, Aromalunni M S, NIma Meriyam KOshy, Ananthakrishnan A, Roshan Kurian Roy
Counsel for Respondent: M C Ashi (Sr. PP)
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