Delhi High Court upholds the peace-bond notice served on a student leader

26 October 2026

Justice Subramonium Prasad dismissed W.P.(CRL) 3342/2026 in Neha v. The State NCT of Delhi. A Special Executive Magistrate had issued a notice on October 17, 2026 under Sections 126 and 130 of the Bharatiya Nagarik Suraksha Sanhita read with Section 135(3), directing the petitioner to execute a personal bond of Rs 10,000 with one surety to maintain peace during an inquiry. The Court held that the notice was not based merely on hearsay but also on case diary entries from different police stations relating to different events. It held that a prohibitory order under Section 163 of the BNSS dated 24.08.2026 covered the Mandi House area, and that the notice met the requirements of a show cause notice under Chapter IX of the BNSS. The Court said it cannot sit in the armchair of the Special Executive Magistrate to test his subjective satisfaction at this stage. It directed that the State give the petitioner all the materials relied on before she appears before the Magistrate, and said the Magistrate may decide whether to insist on a bond at the first instance.