Empowers Executive Magistrates to require security bonds from persons suspected of criminal intent.
Acts as a preventive measure to protect society from anticipated criminal conduct.
Introduction
Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes an Executive Magistrate to require a person to execute a bond for good behaviour when there is credible information that such person is concealing their presence with the intention of committing a cognizable offence or otherwise poses a threat to public safety. The provision operates as a preventive safeguard against potential criminal activity even before the commission of an offence.
It reflects the preventive jurisdiction of the Magistracy in maintaining public security.
Objective of the Provision
The objectives of Section 128 BNSS are
- to prevent commission of anticipated cognizable offences
- to empower Magistrates to act on credible suspicion
- to maintain public safety and order
- to impose precautionary restraints on suspicious persons
The provision strengthens anticipatory preventive action within criminal procedure.
Meaning / Concept
Security for Good Behaviour
Security for good behaviour refers to execution of a bond with or without sureties requiring a person to maintain lawful conduct for a specified period.
Failure to comply with such conditions may result in legal consequences including detention.
Suspected Persons under Preventive Jurisdiction
The section applies where a person
- conceals their presence
- takes unusual precautions to avoid detection
- is reasonably suspected of planning a cognizable offence
Thus, preventive action may be taken even before commission of any offence.
Detailed Explanation of the Section
Section 128 BNSS provides that
- when an Executive Magistrate receives information that a person is taking precautions to conceal their presence with a view to committing a cognizable offence
- the Magistrate may require such person to show cause why they should not execute a bond for good behaviour
- the bond may be with or without sureties
- the duration of such bond shall not exceed the statutory limit prescribed under the Sanhita
The Magistrate must
- assess credibility of information received
- determine likelihood of anticipated offence
- record reasons before passing preventive order
Key features include
- applicability before commission of offence
- requirement of reasonable suspicion supported by material
- discretionary authority of Executive Magistrate
- execution of bond with or without sureties
These safeguards ensure lawful exercise of preventive jurisdiction.
Procedure or Legal Framework
The procedural framework under Section 128 BNSS generally includes
- receipt of credible information by Executive Magistrate
- issuance of show-cause notice to suspected person
- inquiry regarding likelihood of criminal activity
- passing of order requiring execution of bond
- specification of duration and sureties where required
- enforcement measures in case of non-compliance
Proceedings must comply with procedural safeguards governing preventive jurisdiction.
Judicial Interpretation
Courts have emphasized that preventive proceedings against suspected persons must be supported by objective material and cannot be based on vague suspicion.
In Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) 3 SCC 746, the Supreme Court held that preventive jurisdiction must be exercised cautiously and only where justified by credible information.
In Ram Narain Singh v. State of Bihar AIR 1972 SC 2225, the Court reiterated that proceedings requiring security must be supported by material indicating likelihood of criminal conduct.
In Gopalanachari v. State of Kerala AIR 1981 SC 674, the Supreme Court stressed strict compliance with statutory safeguards in preventive proceedings affecting personal liberty.
These decisions reinforce careful exercise of powers under Section 128 BNSS.
Importance of the Provision
Section 128 BNSS is important because
- it enables early intervention against suspected criminal activity
- it strengthens preventive policing through Magistrate supervision
- it protects public safety before offences occur
- it reduces likelihood of escalation into serious crimes
The provision plays a significant role in maintaining public order through anticipatory action.
Connection with Other Sections
Section 128 BNSS operates alongside related preventive provisions
- Section 125 BNSS – Security for keeping peace on conviction
- Section 126 BNSS – Security for keeping peace in other cases
- Section 127 BNSS – Security for good behaviour from persons disseminating certain matters
- Section 129 BNSS – Order to be made
Corresponding Provision under Old Law
Section 128 BNSS corresponds to Section 109 of the Code of Criminal Procedure, 1973.
Illustrative Example
Police inform an Executive Magistrate that a person has been repeatedly changing locations and avoiding identification while preparing to commit a burglary. Based on credible information, the Magistrate directs the individual to execute a bond for good behaviour for a specified period. This action is valid under Section 128 BNSS.
Conclusion
Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers Executive Magistrates to require suspected persons likely to commit cognizable offences to execute bonds ensuring good behaviour. By enabling preventive intervention before commission of offences, the provision strengthens maintenance of public safety within the criminal justice framework.
