Law and You >Procedural Laws > BNSS > Order for Security for Keeping the Peace and for Good Behaviour (Ss. 130 to 143 BNSS)
In any society governed by the rule of law, maintaining public order and ensuring individual safety are paramount. One of the preventive legal measures available within the criminal justice system is the Order for Security for Keeping the Peace and for Good Behaviour. This order serves as a proactive tool, designed not to punish past misconduct, but to prevent potential threats to public safety and personal security. Grounded in both statutory and common law traditions, such orders empower courts to require individuals deemed likely to breach the peace or engage in harmful conduct to provide sureties—essentially a legal guarantee of good behaviour. This article explores the legal basis, procedural requirements, and practical implications of order for security for keeping peace and for good behaviour, with a focus on their role in preventing violence, harassment, and intimidation before more serious offenses can occur.
S. 130 BNSS:
Order to be Made:
When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, 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.
The purpose of this order under Section 130 BNSS is to ensure that the person against whom the proceedings are initiated is fully informed of the allegations and the requirements to address them, allowing them to prepare a proper defence, according to legal resources. A failure to comply with Section 130 BNSS, such as omitting the necessary details in the order, can render the proceedings invalid.
Section 130 of the BNSS, outlines the requirements for a magistrate’s order when requiring a person to show cause for maintaining peace or good behaviour under specific sections of the BNSS. Essentially, when a magistrate decides to initiate proceedings under sections 126, 127, 128, or 129, they must create a written order. The order must clearly state the substance of the information or allegations that prompted the magistrate to act. The order must specify the amount of the bond that the person is required to execute. It must also state the duration for which the bond will remain in force. If sureties are required, the order must specify the number, character (e.g., financial capacity), and class of sureties.
S. 131 BNSS:
Procedure in Respect of Person Present in Court:
If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.
The purpose of this procedure is to ensure the individual is fully aware of the order and its implications.
Section 132 of the BNSS, outlines the procedure when a person against whom an order requiring security for keeping the peace or good behaviour is present in court. The court is required to either read the order aloud to the person or, if they desire, explain the core contents of the order to them.
Sections 132 of the BNSS onwards detail the procedures for situations where the person is not present in court, including issuing summons or warrants, and the process of inquiry into the truth of the information leading to the order.
S. 132 BNSS:
Summons or Warrant in case of Person not so Present:
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.
Section 132 of the BNSS, deals with the issuance of summons or warrants for a person who is not present in court. If a person required for a proceeding is not present, the Magistrate can issue either a summons or a warrant to ensure their presence.
The decision to issue a summons or warrant depends on the nature of the case, the seriousness of the offense, and the likelihood of the person appearing voluntarily. If the Magistrate believes there is a risk of a breach of the peace and that the person’s arrest is necessary to prevent it, a warrant can be issued immediately. The warrant or summons will specify the place where the person is believed to be and the date and time they are required to appear before the court.
S. 133 BNSS:
Copy of Order to Accompany Summons or Warrant:
Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.
This section mandates that when a summons or warrant is issued, a copy of the order authorizing it must be provided to the recipient. This ensures transparency and informs the individual of the legal basis for the summons or warrant. The order contains the charges, the court issuing the document, and the details of the case.
However, the court can choose not to furnish a copy of the order if it deems it “inexpedient.” This decision must be recorded in writing, indicating the specific reasons for withholding the copy. Such situations could arise if providing the copy would impede investigations, endanger witnesses, or pose a security risk.
This provision is beneficial for preparing a defence. It provides crucial information about the case and allows the individual to understand the legal framework within which the summons or warrant was issued.
S. 134 BNSS:
Power to Dispense with Personal Attendance:
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.
This section allows for flexibility in court proceedings, particularly when a person’s presence is not deemed absolutely necessary. Section 134 of the BNSS deals with the power of a Magistrate to dispense with the personal attendance of a person who has been called upon to show-cause why they should not be ordered to execute a bond for keeping the peace or for good behaviour. The Magistrate must be satisfied that there is sufficient cause to dispense with the person’s personal attendance. In such case, instead of appearing in person, the person can be represented by a pleader (lawyer).
S. 135 BNSS:
Inquiry as to Truth of Information:
(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:
Provided that—
- no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;
- the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130.
(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
The inquiry under this section, is to determine the truthfulness of the allegations against the individual. It allows the magistrate to assess the need for security measures and the appropriate conditions for any bond. The magistrate’s actions are guided by the principles of fairness and due process. The inquiry is a crucial step before a magistrate can order someone to execute a bond under Section 136.
Section 135 of the BNSS deals with the inquiry into the truth of information that has led to the initiation of proceedings under Chapter IX, which focuses on security for keeping the peace and for good behaviour. Essentially, it outlines the process a magistrate must follow to investigate the allegations against a person before requiring them to execute a bond to maintain peace or good behaviour.
When a person appears before a magistrate under sections 130 or 132 of the BNSS (either by being present in court or by summons/warrant), the magistrate must inquire into the truth of the information that prompted the proceedings. This inquiry involves examining the evidence presented and taking additional evidence as needed. The inquiry is conducted similarly to a trial in summons cases. The magistrate can also consider evidence of general repute or other means to prove if a person is an habitual offender or a danger to the community.
Under Section 135(3), if the magistrate believes there’s an immediate risk of a breach of peace, disturbance of public tranquillity, or commission of an offense, they can order the person to execute a bond to keep the peace, with or without sureties, and may detain them until the bond is executed. This means the magistrate can take interim measures to ensure public safety while the inquiry is ongoing.
Section 135(6) mandates that the inquiry must be completed within six months from the date of its commencement. If not completed within this timeframe, the proceedings under Chapter IX are generally terminated, unless the magistrate records special reasons for an extension.
S. 136 BNSS:
Order to Give Security:
If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly:
Provided that—
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130;
(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.
The section comes into play after an inquiry has been conducted under Section 135 BNSS, where the magistrate has assessed whether a person’s actions necessitate security. If the inquiry proves that a bond is necessary, the magistrate will order the person to execute a bond with or without sureties.
The bond must be in accordance with the initial order issued under Section 130 BNSS. The amount of the bond and the duration for which it is to be executed must be reasonable and proportionate to the circumstances. If the person required to execute the bond is a minor, the bond is to be executed only by their sureties, not by the minor themselves, according to the Latest Laws website.
S. 137 BNSS:
Discharge of Person Informed Against:
If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Section 137 of the BNSS deals with the discharge of a person against whom an inquiry has been conducted under Section 135 BNSS for keeping the peace or maintaining good behaviour. If the inquiry doesn’t prove the necessity of a bond, the magistrate must release the person. If the person was in custody solely for the inquiry, they are released. If the person was not in custody during the inquiry, they are simply discharged.
S. 138 BNSS:
Commencement of Period for Which Security is Required:
(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
This Section, essentially ensures that the period for which a person is required to provide security doesn’t overlap with any existing prison sentence.
Section 138 BNSS, deals with the commencement of the period for which security is required, specifically in cases where an order for security has been made under Section 125 (deals with security for keeping the peace after conviction for certain offenses) or 136 (deals with security for keeping the peace or for good behaviour when the case is not one of conviction) of the BNSS. It clarifies that if the person against whom the order is made is already under a sentence of imprisonment, the security period will begin after the expiration of that sentence.
S. 139 BNSS:
Contents of Bond:
The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond.
Section 139 of the BNSS deals with the contents of a bond that a person may be required to execute to ensure they keep the peace or maintain good behaviour.
The bond aims to prevent future offenses by individuals who have previously engaged in disruptive or unlawful activities. The bond specifies that the person must “keep the peace” or “be of good behaviour”. If the person violates the bond by committing, attempting to commit, or abetting an offense punishable with imprisonment, it is considered a breach. A breach of the bond can lead to further legal proceedings, potentially including arrest and imprisonment.
S. 140 BNSS:
Power to Reject Sureties:
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond:
Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:
Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
Section 140 of the BNSS deals with the power to reject sureties. It allows a Magistrate to refuse to accept or to reject a surety who has already been accepted, if the Magistrate believes the surety is unfit for the purposes of the bond.
A Magistrate (either the one who initially accepted the surety or a superior Magistrate) can reject a surety under this section. The primary reason for rejection is the Magistrate’s belief that the surety is unfit to fulfill the obligations of the bond.
Before rejecting a surety, the Magistrate must either conduct an inquiry on oath or have a subordinate Magistrate conduct one and report back. The surety and the person for whom the surety was offered must be given reasonable notice before the inquiry. The Magistrate must record the substance of the evidence presented during the inquiry.
If, after considering the evidence and any report, the Magistrate is satisfied that the surety is unfit, they must issue an order rejecting the surety, stating the reasons for their decision.
If the surety was previously accepted, the Magistrate may need to issue a summons or warrant to bring the person bound by the bond before them before making the rejection order.
S. 141 BNSS:
Imprisonment in Default of Security:
(1) (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it;
(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successorin-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs.
Section 141 of the BNSS, deals with imprisonment in default of security. It outlines the consequences when a person ordered to provide security under sections 125 or 136 of the BNSS fails to do so. Essentially, it allows for the detention of a person in prison if they do not furnish the required security.
If a person ordered to furnish security under section 125 or section 136 of the BNSS doesn’t provide it by the specified date, they can be imprisoned. The person may be committed to prison or detained in prison until they provide the security or the period for which the security was ordered expires. If the security was ordered for a period exceeding one year, the Magistrate may issue a warrant for the person’s detention in prison pending the orders of the Sessions Judge.
In such cases, the proceedings are referred to the Sessions Judge, who can examine them and pass further orders after giving the person an opportunity to be heard.
Section 141 BNSS also addresses situations where a person who has executed a bond for keeping the peace (under section 136 BNSS) breaches that bond. In such cases, the Magistrate can order their arrest and detention in prison until the bond expires. The imprisonment under section 141 is without prejudice to any other punishment or forfeiture that may be applicable under the law.
S. 142 BNSS:
Power to Release Persons Imprisoned for Failing to Give Security:
(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.
(4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case.
(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion.
(8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.
Section 142 of the BNSS deals with the power to release persons imprisoned for failing to give security. Specifically, it outlines circumstances under which a person imprisoned for failing to provide security, as required under Chapter IX of BNSS, can be released.
S. 143 BNSS:
Security for Unexpired Period of Bond:
(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.
(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be.
Section 143 of BNSS deals with the situation where a person, who was previously required to execute a bond for keeping the peace or maintaining good behaviour, needs to provide fresh security for the remaining period of the bond. This typically happens when the original bond is cancelled, for example, due to a breach of its conditions.
If a person appears before a Magistrate or Court, either voluntarily or after being summoned under specific provisions (like a breach of the original bond), the Magistrate can cancel the existing bond. After cancelling the bond, the Magistrate will order the person to provide fresh security for the remaining period of the original bond’s term. For the purposes of sections 139 to 142 (which deal with similar matters), this new order for fresh security is treated as if it were an order under section 125 or 136 of the BNSS.
Conclusion:
The Order for Security for Keeping the Peace and for Good Behaviour represents a vital component of the justice system’s preventative framework. By allowing courts to impose conditions on individuals who pose a potential threat to public safety or private individuals, these orders strike a balance between protecting community welfare and respecting individual rights. While not punitive in nature, they serve as an early legal intervention aimed at deterring harmful conduct before it escalates into criminal activity. To remain effective, however, their application must be guided by fairness, due process, and a clear understanding of the legal thresholds involved. As such, these orders continue to play an important role in maintaining peace, promoting accountability, and upholding the rule of law in both community and individual contexts.