Security for Keeping Peace and Good Behaviour under BNSS, 2023

Chapter 9 Section 125-143 of BNSS (Chapter 8 Section 106-124 of Cr.P.C.)
SECURITY FOR KEEPING PEACE AND FOR GOOD BEHAVIOR (SECTION 106-124 under Cr.P.C.)

SECTION 106 – SECURITY FOR KEEPING PEACE ON CONVICTION

Section 125 (106) of the Criminal Procedure Code enables the court to order individuals convicted of specific offenses, or abetting such offenses, to execute a bond for maintaining peace. The court, which may be a Session Court or a Judicial Magistrate of the First Class, can require this bond, with or without sureties, for a period not exceeding three years. This action is taken if the court deems it necessary to ensure the individual’s peacekeeping behavior. Importantly, if the conviction is later set aside on appeal or otherwise, the bond becomes void.
SECTION 127 (108) – SECURITY MEASURES AGAINST DISSEMINATION OF SEDITIOUS MATTER
Under Section 108, an Executive Magistrate can take action when they receive information within their local jurisdiction about individuals disseminating seditious or obscene material. This section applies to individuals who-
Disseminate or attempt to disseminate material punishable under Section 153B or Section 295A of the Indian Penal Code.
Disseminate matter concerning a judge that amounts to criminal intimidation or defamation under the Indian Penal Code.
The magistrate can require these individuals to show cause as to why they should not be ordered to execute a bond for good behavior, not exceeding one year, if the magistrate deems it necessary to prevent the repetition of the offense.
SECTION 128 (109) – ENSURING GOOD BEHAVIOR FROM SUSPECTED INDIVIDUALS
Section 109 authorizes an Executive Magistrate to demand security for good behavior from any person suspected of concealing their presence with the intent to commit a cognizable offense. The magistrate can require the individual to show cause why they should not be ordered to execute such a bond for a period not exceeding one year, as determined by the magistrate.
SECTION 129 (110) – SECURITY FOR GOOD BEHAVIOR FROM HABITUAL OFFENDERS
Under Section 110, an Executive Magistrate has the authority to demand security for good behavior, not exceeding three years, from individuals who fall into various categories, including-
Robbers, thieves, forgers, or housebreakers.
Receivers of stolen property with knowledge of its theft.
Habitual offenders aiding in concealing or disposing of stolen property.
Those habitually involved in offenses like kidnapping, abduction, extortion, cheating, mischief, or certain offenses under the Indian Penal Code.
Individuals habitually involved in offenses that breach the peace, provided they are considered desperate and dangerous.
This section’s primary objective is prevention, not punishment of offenses. It is used to secure future good behavior and cannot be used to punish past offenses.
PROCEDURE FOR TAKING SECURITY FOR KEEPING PEACE AND GOOD BEHAVIOR
The procedure for implementing these provisions involves several steps:
Order of Security to be in Writing – The magistrate must issue a written order specifying the bond amount, the need for sureties, and explain the order to the concerned person (Section 130 (111)).
Procedure When the Person Is Not Present in Court – If the person is absent, the court may issue summons or a warrant for their appearance. Immediate arrest may occur if it’s necessary to prevent a breach of peace (Section 132 (113)). Such summons or warrants are accompanied by the magistrate’s order (Section 133 (114)). Section 134 (115) empowers the magistrate to dispense with the person’s attendance if sufficient cause exists.
Inquiry as to Truth of Information (Section 135 (116))- Upon the person’s appearance or that of their pleader, the magistrate conducts an inquiry into the truth of the information that led to the action. This inquiry must be completed within six months, unless the magistrate directs otherwise. The magistrate can also detain the person in custody if necessary to prevent a breach of peace [Section 135 (3) (116(3)].
Steps After Completion of Inquiry – If the inquiry proves that executing a bond is necessary for maintaining peace and good behavior, the magistrate issues an order under Section 136 (117). The person is directed to execute a bond with or without sureties. However, surety is mandatory if the person is a minor. If the inquiry finds no need for a bond, the person is discharged (Section 137 (118)).
PROCEDURE IF THE PERSON DEFAULTS IN PROVIDING SECURITY
If an individual ordered to provide security under Section 125 (106) or 136 (117) fails to do so, they may be committed to prison. If they are already in prison, they will be detained further if –
They fail to provide security by the specified date, or
They breach the bond they previously executed.
These provisions serve the vital purpose of maintaining public order, ensuring good behavior, and preventing potential disturbances by requiring individuals to provide security and adhere to the law.