Allows courts to require convicts to execute bonds for maintaining peace after conviction.
Acts as a preventive safeguard against repetition of offences affecting public order.
Introduction
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a criminal court to require a person convicted of certain offences involving breach of peace or disturbance of public tranquillity to execute a bond for keeping peace for a specified period. This provision supplements punitive action with preventive supervision to ensure that the convicted person does not repeat similar conduct after conviction.
It reflects the preventive jurisdiction of criminal courts aimed at maintaining public order.
Objective of the Provision
The objectives of Section 125 BNSS are
- to prevent recurrence of offences affecting public peace
- to impose preventive conditions on convicted persons
- to maintain public tranquillity after conviction
- to strengthen supervisory powers of criminal courts
The provision operates as a preventive measure following conviction.
Meaning / Concept
Security for Keeping Peace
Security for keeping peace refers to the execution of a bond with or without sureties by a convicted person undertaking not to disturb public peace for a specified duration.
Failure to comply with such conditions may result in legal consequences including imprisonment.
Preventive Jurisdiction After Conviction
Unlike purely punitive provisions, this section allows courts to impose future-oriented safeguards after conviction where circumstances indicate likelihood of further disturbance.
Thus, the provision bridges punitive and preventive criminal procedure.
Detailed Explanation of the Section
Section 125 BNSS provides that
- when a person is convicted of an offence involving breach of peace or disturbance of public tranquillity
- the court convicting such person may order them to execute a bond for keeping peace
- the bond may be with or without sureties
- the duration of such bond shall not exceed the statutory limit prescribed under the Sanhita
The power may be exercised where
- the nature of the offence indicates likelihood of repetition
- the conduct of the accused suggests future disturbance
- protection of public order requires preventive supervision
Key features include
- applicability only after conviction
- requirement of offences affecting public peace
- discretionary power of the court
- execution of bond with or without sureties
These safeguards ensure that preventive orders are imposed only where justified.
Procedure or Legal Framework
The procedural framework under Section 125 BNSS generally includes
- conviction of the accused for an offence involving breach of peace
- judicial assessment of likelihood of future disturbance
- passing of order directing execution of bond
- specification of duration and conditions of bond
- furnishing of sureties where required
- enforcement of consequences in case of breach
The order must be supported by reasons indicating necessity of preventive action.
Judicial Interpretation
Courts have emphasized that orders requiring security for keeping peace must be based on objective satisfaction and cannot be imposed mechanically.
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 when justified by circumstances affecting public tranquillity.
In Ram Narain Singh v. State of Bihar AIR 1972 SC 2225, the Court observed that security proceedings must be supported by material indicating likelihood of disturbance of peace.
In Gopalanachari v. State of Kerala AIR 1981 SC 674, the Supreme Court reiterated that preventive measures affecting liberty must strictly comply with statutory safeguards.
These decisions reinforce careful exercise of preventive powers under Section 125 BNSS.
Importance of the Provision
Section 125 BNSS is important because
- it prevents repetition of offences affecting public tranquillity
- it strengthens preventive control after conviction
- it protects community peace and safety
- it supplements punitive sentencing with supervisory safeguards
The provision plays a significant role in maintaining post-conviction public order.
Connection with Other Sections
Section 125 BNSS operates alongside related preventive provisions
- Section 126 BNSS – Security for keeping peace in other cases
- Section 127 BNSS – Security for good behaviour from suspected persons
- Section 128 BNSS – Security for good behaviour from habitual offenders
- Section 129 BNSS – Order to be made
Corresponding Provision under Old Law
Section 125 BNSS corresponds to Section 106 of the Code of Criminal Procedure, 1973.
Illustrative Example
A person is convicted for participating in a violent group clash disturbing public tranquillity. Considering the likelihood of repeated involvement in similar incidents, the court directs the individual to execute a bond for keeping peace for one year. This order is valid under Section 125 BNSS.
Conclusion
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to require convicted persons involved in offences affecting public peace to execute bonds ensuring future good conduct. By combining preventive supervision with conviction-based sanctions, the provision strengthens maintenance of public order within the criminal justice framework.
