Law and You >Procedural Laws > BNSS > SSecurity for Keeping Peace in Other Cases (S. 126 BNSS)
Section 127, 128 and 129 of the BNSS corresponding to Sections 108, 109 and 110 of CrPC provide for taking security for good behaviour from certain groups of persons such as person disseminating seditious matters or matters amounting to intimidation or defamation of a judge, and from habitual offenders. In tis article, we shall discuss provisions for security for good behaviour from certain groups of persons.
S. 127 BNSS:
Security for Good Behaviour from Persons Disseminating Certain Matters:
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
The person to be proceeded against under this section must be one who has been disseminating seditious matter and from whom there would be fear of a repetition of the offence. This is a question of fact in each cause which should be determined with reference to the antecedents of the person and other surrounding circumstances. The magistrate can exercise jurisdiction under this section if the person proceeded against is within the local limits of his jurisdiction.
When an Executive Magistrates receives information that any person within his jurisdiction either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets to disseminate of any matter concerning.
- Publication which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
- To an act amounting to criminal intimation or defamation under the Bharatiya Nyaya Sanhita, 2023 concerning a judge acting or purporting to act in the official discharge of his official duties, and
- Sale, imports, exports hire, distribution or publication of any obscene matter, as referred in section 294 of the Bharatiya Nyaya Sanhita, 2023,
- The Magistrate may require such person to show-cause why he should not be ordered to execute a bond with or without sureties for his good behaviour.
- No proceeding shall be taken against the editor, proprietor, printer or publisher except by the order or under the authority of the State Government.
To take action under this section it should be proved that if not prevented the accused would continue to act in the way in which he has done. It may fairly be assumed that a person who habitually does something is likely to continue to do so but then the habitual nature of his activities must clearly be proven.
S. 128 BNSS:
Security for Good Behaviour from Suspected Persons:
When an Executive Magistrate receives 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, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
The words ‘concealing his presence ‘are very wide in this section, and are sufficiently wide to cover not only the concealment of bodily presence in a house or grove etc. but also the concealment of appearance by wearing a mask or covering the face or disguising by wearing a uniform, etc.
This is a preventive section intended to frustrate the designs of criminally minded persons before they are carried out. It is concerned only with the future conduct of the person proceeded against. The preventive action is taken because it is apprehended the person proceeded against is likely to commit some cognizable offences in future. The section is one of restrictive liberty and must be applied only where strictly applicable. Especially in view of the fundamental rights guaranteed under article 19 of the constitution.
For example, a person concealing himself at night with his companions in hedges near a village, giving wrong name and address and being unable to explain his presence in hedges at night with house-braking implement and refusing to disclose the identity of his companions who had escaped into jungle is said to conceal himself.
If information about this is received by the magistrate, will require such person to show-cause why a bond should not be issued against him. And if the magistrate after completing his inquiry feels that a bond or bail bond be taken against that person, he will do so.
This section deals with a person who takes precaution to conceal his presence within the local limits of the magistrate’s jurisdiction and there is reason to believe that he does so to commit a cognizable offence. Before a person can be proceeded against under Section 127 BNSS, he must be found to be taking precautions to conceal his presence and there must be reason to believe that he is taking the precautions with a view to committing any offence.
Merely because a person hid his face by means of a cloth when his presence was noticed by somebody going on the road at midnight, it cannot be said that he was taking precautions to conceal his presence. Again, from the mere fact that at the sight of the Police Officer he began to move briskly and when called out he ran, it cannot be said that he was taking precautions to conceal himself. As regards concealment, it need not be continuous. Even a single attempt at concealment may be enough.
The person proceeded against must have taken precautions to conceal his presence with a view to committing an offence. Mere disinclination for the society of the police amounts to no concealment. Mixing with the crowd or moving in and out of the crowd or ‘dashing’ into it in a railway shed does not amount to taking precautions to conceal one’s presence.
In Prahlad Sahni v. State, AIR 1960 Pat 115 case the patna High Court held that the section lays down two prerequisites, namely: a) the person concerned must be taking precautions to conceal his presence, and b) there must be reason to believe that he is doing so with a view to commit a cognizable offence. These two conditions precedent must co-exist and if one of them is absent, there can be no order under the section.
S. 129 BNSS:
Security for Good Behaviour from Habitual Offenders:
When an Executive Magistrate receives information that there is within his local jurisdiction a person who—
(a) is by habit a robber, house-breaker, thief, or forger; or
(b) is by habit a receiver of stolen property knowing the same to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or
(f) habitually commits, or attempts to commit, or abets the commission of—
(i) any offence under one or more of the following Acts, namely:—
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940.);
(b) the Foreigners Act, 1946 (31 of 1946);
(c) the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952);
(d) the Essential Commodities Act, 1955 (10 of 1955);
(e) the Protection of Civil Rights Act, 1955 (22 of 1955);
(f) the Customs Act, 1962 (52 of 1962);
(g) the Food Safety and Standards Act, 2006 (34 of 2006); or
(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or
(g) is so desperate and dangerous as to render his being at large without security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
The object of this section also is preventive and not punitive, and action under it is not intended as a punishment for past offences. It is aimed at protecting society from dangerous characters against the perpetration of crimes by placing them under such substantial but not excessive security as would prevent them from resorting to evil courses.
Security cases under section 129 BNSS, against local habitual should be built up on details recorded in the Station Crime History as the result of careful watching by the Police. It should be very exceptional for a local criminal for whom a History Sheet has not been opened, to be put up under these sections.
The section requires that the person proceeded against should be within the local limits of the Magistrate’s jurisdiction (Executive Magistrate) at the time when proceedings are taken against him. Otherwise, the Magistrate cannot take action under this section. Temporary presence within the limits of the Magistrate’s jurisdiction is sufficient. But, then the presence must be at the time when the proceedings are initiated.
- To sustain a charge under clause (a), the person proceeded against must be proved to be by habit a robber, house-breaker, thief or forger.
- To substantiate a charge under Clause (b), it must be proved that the person proceeded against is a habitual receiver of stolen property knowing the same to be stolen.
- To substantiate a charge under Clause (c), it must be proved that the person proceeded against is a habitually assist the thief after theft by harbouring him, protecting him from discovery and arrest, and helping him to dispose of his property. The acts, which amount to harbouring must be done with an intention of screening the offender from legal punishment or of preventing him from being apprehended.
- To substantiate a charge under Clause (d), it must be proved that the person proceeded against is a habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita.
- To substantiate a charge under Clause (e), it must be proved that the person proceeded against is a habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace.
- To substantiate a charge under Clause (f), it must be proved that the person proceeded against is a habitually attempts, abets or commits offences under one or more of Acts under Section 129(f)(i) or any other offence under any law for hoarding, profiteering, adulteration of food and corruption.
- Clause (g) includes the other category of persons whose being free is hazardous to the security of the community. Under Clause (g), “a man of desperate and dangerous character” means a person who shows such a reckless disregard for the safety of the person or property of his neighbours that his being at large without security would be detrimental to the community.
Previous convictions are admissible in evidence, but they are not conclusive proof in a case under Section 129 BNSS. Its evidentiary value increases when there is also evidence of general repute of definite acts subsequent to the respondent’s release from jail. These acts should comprise preferably reported instances.
The History Sheet is a privileged document and is not generally produced in evidence. Information contained in it should be proved by the evidence of persons who have direct and first-hand knowledge of them. If the respondent is an ex-convict, the officer-in-charge of the Police Station can also put in evidence and prove a statement showing a marked decrease in crimes when the respondent was in jail and marked increase when he was outside.
Where several persons are jointly put up under Section 129 BNSS, evidence of the offences by each of them should not be admitted as against others unless concert between them is shown.
Conclusion:
Section 127, 128 and 129 of the BNSS provide for taking security for good behaviour from certain groups of persons. Section 127 BNSS deals with security for good behaviour from persons disseminating seditious or other objectionable matter. It empowers a magistrate to require a person to execute a bond for good behaviour if they are found to be intentionally disseminating or abetting the dissemination of certain types of content.
Section 128 BNSS deals with securing good behaviour from suspected persons. It allows an Executive Magistrate to require a person to show-cause why they should not be ordered to execute a bond, with or without sureties, to ensure good behaviour for a specified period, not exceeding one year, if there’s reason to believe they are concealing their presence to commit a cognizable offence.
Section 129 BNSS deals with security for good behaviour from habitual offenders. It empowers an Executive Magistrate to order a person deemed a habitual offender to execute a bond, with or without sureties, to maintain good behaviour for a specified period. This section aims to prevent potential breaches of the peace and other offenses by individuals with a history of criminal activity.
These Sections are intended to frustrate the designs of criminally minded persons before they are carried out. It is concerned only with the future conduct of the person proceeded against.