Empowers Magistrates to require security bonds from persons likely to disturb public peace.
Acts as a preventive measure to avert anticipated breaches of peace.
Introduction
Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes an Executive Magistrate to require a person to execute a bond for keeping peace when there is credible information that such person is likely to commit a breach of peace or disturb public tranquillity. Unlike Section 125 BNSS, which applies after conviction, this provision operates preventively before the commission of any offence.
It is a key mechanism for maintaining public order through anticipatory intervention.
Objective of the Provision
The objectives of Section 126 BNSS are
- to prevent anticipated breaches of peace
- to empower Magistrates to act on credible preventive information
- to maintain public tranquillity and social order
- to impose precautionary obligations on potentially disruptive persons
The provision strengthens preventive jurisdiction of Executive Magistrates.
Meaning / Concept
Security for Keeping Peace
Security for keeping peace refers to execution of a bond with or without sureties undertaking that the person concerned will not disturb public peace for a specified period.
Such bonds act as preventive restraints against possible misconduct.
Preventive Jurisdiction Before Offence
This section operates prior to conviction or commission of an offence and is based on the Magistrate’s satisfaction that preventive action is necessary.
Thus, it functions as an anticipatory safeguard rather than a punitive measure.
Detailed Explanation of the Section
Section 126 BNSS provides that
- when an Executive Magistrate receives information that a person is likely to commit a breach of peace or disturb public tranquillity
- the Magistrate may require such person to show cause why they should not execute a bond for keeping peace
- the bond may be ordered with or without sureties
- the duration of the bond shall not exceed the statutory limit prescribed under the Sanhita
The Magistrate must
- assess the credibility of the information
- determine necessity of preventive action
- record reasons supporting the order
Key features include
- applicability before commission of offence
- requirement of credible information
- discretionary power 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 126 BNSS generally includes
- receipt of credible information by Executive Magistrate
- issuance of show-cause notice to the person concerned
- inquiry into likelihood of breach of peace
- passing of order requiring execution of bond
- specification of duration and conditions of bond
- enforcement action in case of non-compliance
The proceedings must comply with procedural safeguards governing preventive jurisdiction.
Judicial Interpretation
Courts have consistently held that preventive proceedings must be based on objective satisfaction and cannot be initiated mechanically.
In Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) 3 SCC 746, the Supreme Court emphasized that preventive jurisdiction must be exercised cautiously and only when justified by real likelihood of disturbance.
In Ram Narain Singh v. State of Bihar AIR 1972 SC 2225, the Court held that proceedings for security must be supported by material indicating apprehension of breach 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 rulings reinforce careful exercise of powers under Section 126 BNSS.
Importance of the Provision
Section 126 BNSS is important because
- it prevents potential disturbances before they occur
- it empowers Magistrates to maintain public tranquillity
- it reduces likelihood of escalation into criminal offences
- it strengthens preventive policing within legal framework
The provision plays a significant role in preserving peace through anticipatory intervention.
Connection with Other Sections
Section 126 BNSS operates alongside related preventive provisions
- Section 125 BNSS – Security for keeping peace on conviction
- 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 126 BNSS corresponds to Section 107 of the Code of Criminal Procedure, 1973.
Illustrative Example
An Executive Magistrate receives credible information that two rival groups are preparing to engage in violent confrontation during a local dispute. The Magistrate directs the leaders of both groups to execute bonds for keeping peace for a specified period. This action is valid under Section 126 BNSS.
Conclusion
Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers Executive Magistrates to require persons likely to disturb public tranquillity to execute bonds ensuring maintenance of peace. By enabling anticipatory preventive action, the provision plays a crucial role in preserving law and order.
