Law and You >Procedural Laws > BNSS > SSecurity for Keeping Peace in Other Cases (S. 126 BNSS)
The chapter contemplates two kinds of securities i.e. security for keeping peace on conviction and in other cases and secondly security for good behaviour. It would be worthwhile to mention that the term ‘breach of peace’ has no confined definition but would embrace offences against public tranquillity dealt with in chapter VIII, Indian penal code. In this article, we shall discuss provisions relating to security for keeping peace in other cases than on conviction under BNSS
Security for keeping the peace and good behaviour is a legal mechanism used by law enforcement authorities and courts to prevent individuals from engaging in behaviour that may disrupt public order or pose a threat to the peace and safety of society. It involves requiring individuals to provide a financial guarantee (security) to ensure their good conduct and prevent them from committing any unlawful acts.
The procedures under these sections generally involve the concerned magistrate issuing a notice to the individual, requiring them to appear and show cause as to why they should not be required to provide the specified security. The individual can then present their case, and the magistrate will decide whether to order the execution of the bond and, if so, under what conditions. The duration for which the bond remains in force varies and is typically specified by the magistrate. It may extend for several months or years, and the individual must maintain good behaviour and keep the peace during that period. Violation of the conditions of the bond may result in forfeiture of the security and further legal action.
S. 126 BNSS:
Security for Keeping Peace in Other Cases:
(1) When an Executive Magistrate receives information that any 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 a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Section 125 BNSS 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 behaviour. Importantly, if the conviction is later set aside on appeal or otherwise, the bond becomes void.
Security cannot be demanded when there is no conviction however if there are strong grounds for apprehension of a future breach of the peace, the Executive Magistrate must act under section 126 BNSS or apply to the officer having authority to proceed under that section.
An Executive Magistrate who is informed that any 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 a breach of the peace or disturbance of the public tranquillity, may, under-Sub-Section (1) of Section 126 BNSS require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for a period not exceeding one year.
Section 126 BNSS is thus an effective means for preventing breaches of the peace or disturbances of public tranquillity in connection with religious processions, festivals, fairs, elections, political movements or other disputes between factions. It is not essential in every case that there should be two parties against each other. It must however, be clear that a breach of the peace is imminent, unless averted by proceedings under the section. Before starting proceedings under this section, the Police should collect evidence, oral and documentary, of persons (including Police Officers) acquainted with the circumstances of the case, regarding.
- the specific occasion on which the breach of the peace is anticipated;
- the existence of a cause, quarrel or other circumstances which is likely to lead to the breach and the period of its duration;
- the declaration of the parties indicating their determination to carry out, or to prevent, certain things in connection with the subject-matter of the quarrel;
- the strength and the following of the party or parties, and
- attempts made for conciliation with their results.
Section 170 BNSS empowers a Police Officer to arrest without warrant any person designing to commit a cognizable offence, if, in his opinion, the commission of the offence cannot otherwise be prevented. If, then, action under section 26 BNSS is contemplated against the arrested person, he may be produced before an Executive Magistrate for taking action. The Magistrate may, under Section 135 BNSS order the execution of an interim bond, with or without sureties, for keeping peace until the conclusion of the inquiry may detain him in custody until such bond is executed or, in default to execution, until the inquiry is concluded.
After the magistrate receives information, he shall issue a show-cause to the person to show why he should not be ordered to execute a bond or bail bond. After the magistrate receives a reply, he shall conduct inquiry as specified later in Section 135 of BNSS, dealt with later.
A summons trial commences when the accused appears or is brought before the trial court and the particulars of the offence are stated or read out to him. Thus the moment the accused has appeared and the substance of the accusation is explained to him, a summons trial commences. The point of commencement of a proceeding under section 126 BNSS must, therefore, be determined in the same term; section 131 BNSS provides for reading over or explaining the substance of the accusation and the satisfaction of the magistrate.
The jurisdictions whose executive magistrate can exercise this power is the place where the breach of peace or disturbance of tranquillity is expected or the place where the person who can or may cause a breach of peace or disturbance is present. The act of breach of peace may even be outside the jurisdiction of the executive magistrate. Thus, a person who is present in Pune may cause a breach of peace in Nasik. The executive magistrates of Pune as well as Nasik have the power issue to take security for breaching peace and tranquillity.
In Inder Mohan Goswami v. State of Uttaranchal, AIR 2008 SC 251 case, the Supreme Court emphasized that the power to require an individual to execute a bond for keeping the peace and maintaining good behaviour must be exercised judiciously. The court should have reasonable grounds to believe that the person’s behaviour poses a threat to public order or safety.
In Romila Thapar v. Union of India, AIR 2018 SC 4683 case, the Supreme Court highlighted the importance of free speech and expression and the need to protect citizens’ right to dissent. It underlined that the power to require an individual to execute a bond for keeping the peace must be exercised within the bounds of the Constitution.
Conclusion:
Section 126 BNSS, empowers an Executive Magistrate to order a person to execute a bond for keeping the peace if there’s reason to believe they might breach the peace or disturb public tranquillity. The bond for keeping the peace can be for a period not exceeding one year. The allegations must be specific and concrete, not vague or ambiguous, to justify initiating proceedings. The object of this section is prevention not punishment of offences. It is not intended to punish persons for anything that they have done in the past but to prevent them from doing in future something that might occasion a breach of peace. This provision is a measure for the protection of the society.