Law and You >Procedural Laws > BNSS > Security for Keeping Peace on Conviction (S. 125 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 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. 125 BNSS:
Security for Keeping Peace on Conviction:
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;
(b) any offence which consists of, or includes, assault or 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.
(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Section 125 BNSS provides that a Court of sessions or a Magistrate of the First Class may, at the time of passing sentence on a person convicted of certain specified offences, order him to execute a bond for keeping the peace for any period not exceeding three years.
The order requiring security is passed at the time of passing sentence following the conviction and no further proceedings are necessary before demanding security proceedings under section. Section 125 BNSS differs from Sections 126 to 129 BNSS, as the order must be passed at the same time when there is a conviction and passing of a sentence. The court may order the bond to be executed with or without sureties.
The offences in connection with which security can be taken under the section are:-
(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;
(b) any offence which consists of, or includes assault or 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 peace.
In passing an order under section 125 BNSS, it has to be seen, not whether the persons concerned did commit a breach of the peace, but whether they were convicted of an offence which necessarily involves a breach of the peace. Evidence of past conduct is not legal evidence for an order under Section 125 BNSS.
Section 125(3) BNSS provides, that, if the conviction is set aside on appeal or otherwise, the bond executed shall become void. Also, the Appellate Court can, while upholding the conviction for the specific offence, set aside the order for security passed against the accused.
Under Section 124(4) BNSS, power is given to the appellant court and the High Court in revision to demand security under the section.
If during the term for which an accused is bound over under Section 125 BNSS, breaks the peace, steps should promptly be taken against him and his sureties and the Court moved to forfeit their bonds.
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 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 behavior. Importantly, if the conviction is later set aside on appeal or otherwise, the bond becomes void.
This section is aimed at persons whose past conduct has proved dangerous to the public and is intended to secure public tranquillity and peace. Further it refers only to parties convicted of certain offences and cannot be applied to cases where there is only a possible apprehension of future breach of peace.
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. It is also to be noted that in order to justify a direction under this section there must be a reasonable probability of breach of peace being committed and not merely a bare possibility.
It is the offence for which the person is convicted and not the facts as put in evidence at the trial which determines whether or not security may be demanded.