Security for Keeping the Peace and for Good Behaviour

The offences, sub-section (2).

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than one punishable under section 193(1), 196 or 197 of that Sanhita; (b) any offence which consists of or includes assault, using criminal force, or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

Sub-section (3). If the conviction is set aside on appeal or otherwise, the bond becomes void. That is the logical consequence of the order resting on the conviction.

Sub-section (4). The order may also be made by an Appellate Court or by a Court exercising powers of revision.

Section 126: security for keeping the peace in other cases

Who. An Executive Magistrate.

On what. Information that a person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion either, and an opinion that there is sufficient ground for proceeding.

What. He may require the person to show cause why he should not execute a bond or bail bond for keeping the peace for a period not exceeding one year.

Sub-section (2), where. Proceedings may be taken before any Executive Magistrate where either the place where the breach is apprehended is within his local jurisdiction, or there is within his jurisdiction a person likely to commit the breach or do the wrongful act beyond that jurisdiction.

So the Magistrate may act either where the trouble is expected or where the troublemaker is.

Section 127: security for good behaviour from persons disseminating certain matters

Who. An Executive Magistrate, on information that there is within his local jurisdiction a person who, within or without that jurisdiction:

(i) orally, in writing or in any other manner, intentionally disseminates, attempts to disseminate, or abets the dissemination of:

• (a) any matter the publication of which is punishable under section 152, 196, 197 or 299 of the Bharatiya Nyaya Sanhita, 2023; or
• (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under that Sanhita; or

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or otherwise puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita.

What. Show cause why he should not execute a bond or bail bond for good behaviour for a period not exceeding one year.

Sub-section (2), the press protection. No proceedings may be taken under this section against the editor, proprietor, printer or publisher of a publication registered under, and edited, printed and published in conformity with, the Press and Registration of Books Act, 1867, in respect of matter contained in that publication, except by the order or under the authority of the State Government or an officer it empowers.

That protection is worth a sentence in an answer. It does not make the press immune; it moves the decision to a level above the local Executive Magistrate.

Section 128: security for good behaviour from suspected persons

Who. An Executive Magistrate, on information that there is within his local jurisdiction a person taking precautions to conceal his presence, and that there is reason to believe that he is doing so with a view to committing a cognizable offence.

What. Show cause why he should not execute a bond for good behaviour for a period not exceeding one year.

Both limbs are needed: concealment, and reason to believe it is with a view to a cognizable offence. Concealment alone is not enough, and this is the section most open to abuse if the second limb is treated casually.

Section 129: security for good behaviour from habitual offenders

Who. An Executive Magistrate, on information that there is within his local jurisdiction a person who falls into one of seven categories:

(a) is by habit a robber, house-breaker, thief or forger; (b) is by habit a receiver of stolen property knowing it to be stolen; (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; (d) habitually commits, attempts or abets kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, or under sections 178 to 181 of that Sanhita; (e) habitually commits, attempts or abets offences involving a breach of the peace; (f) habitually commits, attempts or abets an offence under the Drugs and Cosmetics Act, 1940, the Foreigners Act, 1946, the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, the Essential Commodities Act, 1955, the Protection of Civil Rights Act, 1955, the Customs Act, 1962, the Food Safety and Standards Act, 2006, or any other law for the prevention of hoarding or profiteering, or adulteration of food or drugs, or corruption; (g) is so desperate and dangerous as to render his being at large without security hazardous to the community.

What. Show cause why he should not execute a bail bond for good behaviour for a period not exceeding three years.

Two details separate section 129 from sections 126 to 128. The period is three years, not one. And the section speaks of a bail bond, that is a bond with sureties, whereas the others allow a bond or a bail bond.

Section 130: the order that starts it

When a Magistrate acting under section 126, 127, 128 or 129 deems it necessary to require a person to show cause, he shall make an order in writing setting forth:

• the substance of the information received;
• the amount of the bond to be executed;
• the term for which it is to be in force; and
• the number of sureties, after considering the sufficiency and fitness of sureties.

This order is the foundation of the whole proceeding, and two later sections measure themselves against it. Section 135(3)(b) says an interim bond's conditions must not be more onerous than those in the section 130 order. And the proviso to section 136 says the final order may not require security of a different nature, of a larger amount, or for a longer period than the section 130 order specified. So a defective section 130 order is not a technicality; it caps everything that follows.

A worked example

An Executive Magistrate in Palghar receives a police report that Suresh has twice been convicted of housebreaking, is known in three villages as a receiver of stolen goods, and has returned to the area.

Which section? Section 129, because the information is that he is by habit a house-breaker and a receiver of stolen property, clauses (a) and (b).

What must the Magistrate do first? Form the opinion that there is sufficient ground for proceeding, and then make an order in writing under section 130 setting out the substance of the information, the amount of the bond, its term and the number of sureties, having considered their sufficiency and fitness.

How long? Up to three years, and the security is a bail bond, so sureties are required.

Change the facts. Two groups are about to fight over a temple procession route. The Magistrate proceeds under section 126 against the leaders of both, and the period may not exceed one year.

Change them again. A man is found to be circulating obscene material of the kind described in section 294 of the Bharatiya Nyaya Sanhita. Section 127(1)(ii) applies, again for one year.

And again. The material appeared in a newspaper registered and published in conformity with the Press and Registration of Books Act, 1867. Then the Magistrate cannot proceed against its editor, proprietor, printer or publisher except by the order or under the authority of the State Government or an officer it empowers, section 127(2).

Now a court rather than a Magistrate. A Judicial Magistrate of the first class convicts Anil of criminal intimidation. At the time of passing sentence, being of opinion that security is necessary, the Court may order a bond for keeping the peace for up to three years, under section 125. If the conviction is later set aside, the bond becomes void under section 125(3).

Distinctions

What this does NOT mean

A security proceeding is not a trial and a bond is not a sentence. Nobody is convicted of anything under sections 126 to 129.

Section 128 is not about a person who is merely hiding. Concealment must be coupled with reason to believe it is with a view to committing a cognizable offence.

Section 129 is not about a person with one conviction. Every one of clauses (a) to (f) turns on habit, and clause (g) on being so desperate and dangerous that liberty without security is hazardous to the community.

And section 127(2) does not put the press beyond the section. It requires the order or authority of the State Government or an empowered officer.

Quick revision

• Section 125: on conviction by a Court of Session or a first class Magistrate of an offence in sub-section (2), a bond for keeping the peace up to three years; void if the conviction is set aside; available also to an Appellate or revisional Court.
• Section 126: an Executive Magistrate, on information of a likely breach of the peace or disturbance of public tranquillity, may require a bond for keeping the peace up to one year; jurisdiction where the breach is apprehended or where the person is.
• Section 127: dissemination of matter punishable under BNS sections 152, 196, 197 or 299, matter about a Judge amounting to criminal intimidation or defamation, or obscene matter under BNS section 294; one year; registered press only by order or authority of the State Government.
• Section 128: concealing his presence with a view to committing a cognizable offence; one year.
• Section 129: seven categories of habitual offender, or a person so desperate and dangerous that his being at large without security is hazardous; bail bond; three years.
• Section 130: the order in writing must set out the substance of the information, the amount, the term and the number of sureties, after considering their sufficiency and fitness. It caps what sections 135(3) and 136 may later require.

Test yourself

1. Which section of Chapter IX is worked by a criminal court rather than an Executive Magistrate, and why? Section 125, because it operates on a conviction: a Court of Session or a first class Magistrate that convicts a person of a listed offence may, at the time of sentence, order security for keeping the peace.

2. What is the maximum period of security under section 126 and under section 129? One year under section 126; three years under section 129.

3. State the two limbs that must both be satisfied under section 128. That the person is taking precautions to conceal his presence, and that there is reason to believe he is doing so with a view to committing a cognizable offence.

4. Can an Executive Magistrate proceed under section 127 against the editor of a registered newspaper? Only by the order or under the authority of the State Government or an officer empowered by it, section 127(2).

5. What must an order under section 130 contain? The substance of the information received, the amount of the bond, the term for which it is to be in force, and the number of sureties, after considering the sufficiency and fitness of sureties.

6. What is the effect on a section 125 bond if the conviction is set aside on appeal? The bond or bail bond becomes void, section 125(3).

7. Which security proceeding requires sureties in terms? Section 129, which speaks of a bail bond, that is an undertaking for release with surety.