Section 139 – Contents of Bond

Introduction

Section 139 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies the legal contents and obligations of a bond or bail bond executed in proceedings relating to security for keeping the peace or maintaining good behaviour.

The provision requires the person executing the bond to undertake either to keep the peace or to be of good behaviour, depending upon the nature of the security order. In cases involving good behaviour, the commission, attempt to commit, or abetment of any offence punishable with imprisonment constitutes a breach of the bond or bail bond.

Meaning of Section 139

Section 139 determines what the person giving security is legally bound to do under the bond or bail bond.

There are two principal forms of undertaking:

1. Bond to keep the peace; and
2. Bond to be of good behaviour.

Where the undertaking relates to good behaviour, the statutory provision makes it clear that committing, attempting to commit, or abetting an offence punishable with imprisonment, wherever that offence is committed, amounts to a breach of the bond or bail bond.

Statutory Basis

Section 139 forms part of Chapter IX of BNSS, which deals with security for keeping the peace and for good behaviour.

The relevant connected provisions include:

Provision	Subject
Section 125	Security for keeping peace on conviction
Section 126	Security for keeping peace in other cases
Section 127	Security for good behaviour from persons disseminating certain matters
Section 128	Security for good behaviour from suspected persons
Section 129	Security for good behaviour from habitual offenders
Section 130	Order to be made
Section 135	Inquiry as to truth of information
Section 136	Order to give security
Section 137	Discharge of person informed against
Section 138	Commencement of period for which security is required
Section 139	Contents of bond
Section 140	Power to reject sureties
Section 141	Imprisonment in default of security
Section 142	Power to release persons imprisoned for failing to give security

Object and Purpose

The purpose of Section 139 is to clearly establish the obligation undertaken by the person furnishing security.

It ensures that the bond is not merely a formal document but creates a legally enforceable undertaking concerning:

• keeping the peace; or
• maintaining good behaviour.

The provision also identifies conduct that constitutes a breach where the bond is given for good behaviour.

Essential Elements

1. Execution of a Bond or Bail Bond

The person against whom a security order has been made is required to execute the appropriate bond or bail bond.

The bond represents the person’s undertaking to comply with the requirement imposed by the Magistrate.

2. Obligation to Keep the Peace

Where the security is required for keeping the peace, the bond binds the person to keep the peace during the relevant period.

The undertaking is preventive in nature and is intended to prevent conduct that results in a breach of peace.

3. Obligation to Maintain Good Behaviour

Where the security is required for good behaviour, the bond binds the person to be of good behaviour.

This obligation is broader than merely avoiding a particular breach of peace.

4. Commission of an Offence as Breach

In a bond for good behaviour, the commission of an offence punishable with imprisonment constitutes a breach of the bond.

The provision also expressly covers:

• attempting to commit such an offence; and
• abetting the commission of such an offence.

5. Offence May Be Committed Anywhere

For the purpose of determining breach of a good-behaviour bond, the offence may be committed wherever it may be committed.

Therefore, the obligation is not restricted merely to offences committed within the territorial jurisdiction of the Magistrate who passed the security order.

Bond for Keeping the Peace

A bond for keeping the peace requires the person to undertake that he or she will maintain peace during the period covered by the security requirement.

The focus is therefore on preventing conduct that threatens or disturbs public peace.

The bond is preventive rather than punitive.

Bond for Good Behaviour

A good-behaviour bond imposes a broader statutory obligation.

Under Section 139, the following constitute a breach:

• commission of an offence punishable with imprisonment;
• attempt to commit such an offence; or
• abetment of such an offence.

The provision therefore creates a specific statutory standard for determining breach of a good-behaviour bond.

Procedure and Operation

Section 139 operates after a valid order requiring security has been made.

The general sequence is:

1. Proceedings for security are initiated.
2. The Magistrate conducts the required inquiry.
3. If the statutory requirements are established, an order requiring security is made under Section 136.
4. The period of security commences according to Section 138.
5. The person executes the required bond or bail bond.
6. The bond binds the person to keep the peace or maintain good behaviour.
7. Where it is a good-behaviour bond, commission, attempt or abetment of an imprisonment-punishable offence constitutes a breach.
8. The consequences of failure to furnish or comply with security are governed by the subsequent provisions of Chapter IX.

Section 139 and Section 136

The two provisions have different functions.

Point	Section 136	Section 139
Subject	Order to give security	Contents of bond
Function	Requires security to be furnished	Defines the undertaking contained in the bond
Authority	Magistrate	Statutory requirement
Main focus	Security obligation	Conduct required from the person
Consequence	Bond or bail bond must be executed	Breach may result from prohibited conduct

Thus, Section 136 creates the requirement to furnish security, while Section 139 determines what the executed bond legally binds the person to do.

Section 139 and Section 138

Section 138 determines when the period for which security is required begins.

Section 139 determines the substantive undertaking contained in the bond during that period.

Therefore:

• Section 138 = When does the security period begin?
• Section 139 = What does the person undertake to do?

Breach of Good-Behaviour Bond

For a good-behaviour bond, Section 139 specifically treats the following as breach:

Commission

If the person commits an offence punishable with imprisonment, the bond is breached.

Attempt

An attempt to commit an offence punishable with imprisonment also amounts to breach.

Abetment

Abetting the commission of an offence punishable with imprisonment constitutes breach as well.

This makes the statutory obligation wider than simply prohibiting completed offences.

Important Safeguard

Section 139 does not state that every form of undesirable or improper conduct automatically constitutes a statutory breach of a good-behaviour bond.

It specifically identifies the commission, attempt or abetment of an offence punishable with imprisonment as the relevant statutory breach in the case of a good-behaviour undertaking.

The nature and limits of the original security order must also be considered.

Nature of the Provision

Section 139 is a procedural and preventive provision.

It does not independently create a new criminal offence. Instead, it defines the undertaking contained in a bond or bail bond executed pursuant to the preventive-security provisions.

A breach of the bond may, however, have consequences under the subsequent provisions governing failure to furnish security and related matters.

BNSS and CrPC

Section 139 of BNSS corresponds to Section 120 of the Code of Criminal Procedure, 1973 (CrPC).

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 120	Section 139
Subject	Contents of bond	Contents of bond
Peace undertaking	Keep the peace	Keep the peace
Good-behaviour undertaking	Be of good behaviour	Be of good behaviour
Commission of imprisonment-punishable offence	Breach	Breach
Attempt	Breach	Breach
Abetment	Breach	Breach
Territorial scope	Wherever committed	Wherever committed

The substantive rule has been substantially retained under BNSS, with the corresponding provision renumbered from Section 120 CrPC to Section 139 BNSS.

Important Distinctions

Bond for Keeping Peace vs Bond for Good Behaviour

Point	Keeping Peace	Good Behaviour
Main undertaking	Keep the peace	Be of good behaviour
Primary purpose	Prevent breach of peace	Prevent specified unlawful conduct
Section 139	Applies	Applies
Specific statutory breach	Violation of peace undertaking	Commission, attempt or abetment of imprisonment-punishable offence

Bond vs Bail Bond

A bond and a bail bond are different forms of statutory undertaking under BNSS. Section 139 applies to the bond or bail bond executed pursuant to the relevant security order.

Security Order vs Bond

The security order is the Magistrate’s order requiring the person to furnish security.

The bond or bail bond is the undertaking executed in compliance with that order.

Example

Suppose a Magistrate orders a person to furnish security for good behaviour for a specified period.

The person executes the required bond.

During the security period, the person attempts to commit an offence punishable with imprisonment. Even though the offence was not completed, the attempt constitutes a breach of the good-behaviour bond under Section 139.

Similarly, abetment of an offence punishable with imprisonment would constitute a breach.

Common Confusions

Does Section 139 itself impose imprisonment?

No.

Section 139 primarily specifies the contents and obligations of the bond. Consequences for failure to furnish security or related breaches are dealt with under subsequent provisions.

Does every breach of peace automatically amount to commission of an offence?

Not necessarily.

The legal consequence depends upon the nature of the bond and the conduct involved. Section 139 specifically identifies commission, attempt or abetment of an imprisonment-punishable offence as a breach in the case of a good-behaviour undertaking.

Does a good-behaviour bond apply only within the Magistrate’s district?

No.

Section 139 expressly provides that the relevant offence may be committed wherever it may be committed.

Is Section 139 the same as Section 136?

No.

Section 136 deals with the order to give security, while Section 139 deals with the contents of the bond or bail bond.

Is Section 139 a new provision introduced by BNSS?

No.

It substantially corresponds to Section 120 of the CrPC, although the section number has changed under BNSS.

Important BNSS Provisions

• Section 125 – Security for keeping peace on conviction
• Section 126 – Security for keeping peace in other cases
• Section 127 – Security for good behaviour from persons disseminating certain matters
• Section 128 – Security for good behaviour from suspected persons
• Section 129 – Security for good behaviour from habitual offenders
• Section 130 – Order to be made
• Section 135 – Inquiry as to truth of information
• Section 136 – Order to give security
• Section 137 – Discharge of person informed against
• Section 138 – Commencement of period for which security is required
• Section 139 – Contents of bond
• Section 140 – Power to reject sureties
• Section 141 – Imprisonment in default of security
• Section 142 – Power to release persons imprisoned for failing to give security

Topic at a Glance

Point	Position
Topic	Contents of Bond
BNSS Section	Section 139
Chapter	Chapter IX
Corresponding CrPC provision	Section 120
Main purpose	Defines the undertaking contained in the bond
Peace bond	Binds the person to keep the peace
Good-behaviour bond	Binds the person to be of good behaviour
Specific breach	Commission, attempt or abetment of an offence punishable with imprisonment
Territorial scope	Offence may be committed wherever it may be committed
Related provision	Section 136 – Order to give security

Quick Revision

• Section 139 BNSS deals with the contents of a bond or bail bond.
• A bond may bind the person to keep the peace or be of good behaviour.
• In a good-behaviour bond, commission of an offence punishable with imprisonment constitutes a breach.
• Attempt to commit such an offence also constitutes a breach.
• Abetment of such an offence also constitutes a breach.
• The relevant offence may be committed wherever it may be committed.
• Section 139 is preventive and procedural in nature.
• Section 136 deals with the order requiring security.
• Section 138 deals with commencement of the security period.
• Section 139 substantially corresponds to Section 120 CrPC.

ASLO READ: Section 138 – Commencement of period for which security is required

Conclusion

Section 139 of BNSS defines the legal undertaking contained in a bond or bail bond furnished during preventive-security proceedings. It distinguishes between the obligation to keep the peace and the broader obligation of good behaviour, while specifically treating the commission, attempt or abetment of an offence punishable with imprisonment as a breach of a good-behaviour bond. The provision therefore gives concrete legal meaning to the security undertaking imposed under Chapter IX.