Section 129 – Security for Good Behaviour from Habitual Offenders

Introduction

Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from habitual offenders. It gives an Executive Magistrate preventive powers where information indicates that a person within the Magistrate’s local jurisdiction habitually engages in specified criminal activities or is so desperate and dangerous that allowing the person to remain at large without security would be hazardous to the community.

The provision is preventive rather than punitive. Its purpose is not to punish a person for past offences, but to prevent anticipated criminal activity or threats to public peace by requiring the person to furnish security for good behaviour.

Section 129 substantially corresponds to Section 110 of the Code of Criminal Procedure, 1973.

Meaning of Section 129

Section 129 enables an Executive Magistrate to initiate proceedings against persons who fall within specified categories of habitual offenders.

The provision covers several categories, including persons who habitually:

• commit offences such as robbery, house-breaking, theft or forgery;
• receive stolen property knowing it to be stolen;
• protect or harbour thieves;
• commit or attempt specified offences;
• commit offences involving breach of peace;
• commit certain offences under specified special laws; or
• are so desperate and dangerous that their remaining at large without security would be hazardous to the community.

Where the statutory conditions are satisfied, the Magistrate may require the person to show cause why they should not be ordered to execute a bail bond for good behaviour for a period not exceeding three years.

Statutory Basis

Section 129 of the BNSS provides that when an Executive Magistrate receives information that a person within their local jurisdiction falls into one or more of the categories specified in the section, the Magistrate may require that person to show cause why they should not be ordered to execute a bail bond for good behaviour.

The maximum period for which such security may be required is three years.

Section 129 forms part of Chapter IX – Security for Keeping the Peace and for Good Behaviour.

Object and Purpose

The principal object of Section 129 is preventive.

Habitual criminal conduct may create a continuing threat to public peace and community safety. Instead of waiting for another offence to occur, the law permits preventive proceedings where the statutory conditions are established.

The provision therefore aims to:

• prevent repeated criminal activity;
• protect the community from habitual offenders;
• prevent anticipated breaches of peace;
• impose preventive security where continued freedom without security may be hazardous;
• enable the Executive Magistrate to take preventive action within the framework prescribed by law.

Section 129 is consequently not a substitute for criminal prosecution. It is an additional preventive mechanism.

Nature of Section 129

Section 129 is a preventive provision.

The initiation of proceedings under this section does not amount to a conviction. The Magistrate’s initial satisfaction is based on the information placed before them and leads to an inquiry under the subsequent provisions of the BNSS.

The purpose at this stage is to determine whether the person should be required to furnish security for future good behaviour.

A recent judicial discussion of Section 129 has also emphasised that the provision is intended to prevent anticipated breaches of law and does not itself constitute punishment for past conduct.

Persons Covered Under Section 129

Section 129 contains several categories of persons against whom proceedings may be initiated.

1. Habitual Robbers, House-Breakers, Thieves or Forgers

The provision covers a person who is by habit a:

• robber;
• house-breaker;
• thief; or
• forger.

The focus is on habitual conduct rather than an isolated allegation.

2. Habitual Receivers of Stolen Property

The provision also applies to a person who is by habit a receiver of stolen property, knowing the property to have been stolen.

Thus, the category concerns repeated receiving of stolen property with the required knowledge.

3. Persons Habitually Protecting or Harbouring Thieves

Section 129 also covers a person who habitually:

• protects or harbours thieves; or
• assists in the concealment or disposal of stolen property.

The provision therefore extends beyond persons who personally commit theft.

4. Persons Habitually Committing Certain Specified Offences

The provision covers persons who habitually commit, attempt to commit, or abet the commission of:

• kidnapping;
• abduction;
• extortion;
• cheating;
• mischief;
• offences punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023; and
• offences under Sections 178, 179, 180 or 181 of the Bharatiya Nyaya Sanhita, 2023.

The reference to specific provisions of the BNS demonstrates the connection between substantive criminal offences and preventive criminal procedure.

5. Persons Habitually Involved in Breach of Peace

Section 129 applies where a person habitually commits, attempts to commit, or abets the commission of offences involving a breach of the peace.

This category is particularly connected with the preventive purpose of the provision.

6. Persons Habitually Committing Specified Offences Under Special Laws

The provision also covers persons who habitually commit, attempt to commit, or abet offences under specified laws.

These include offences under:

• the Drugs and Cosmetics Act, 1940;
• the Foreigners Act, 1946;
• the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952;
• the Essential Commodities Act, 1955;
• the Protection of Civil Rights Act, 1955;
• the Customs Act, 1962; and
• the Food Safety and Standards Act, 2006.

It also covers certain offences under other laws dealing with the prevention of:

• hoarding;
• profiteering;
• adulteration of food or drugs; or
• corruption.

7. Persons Who Are Desperate and Dangerous

Section 129 additionally covers a person who is so desperate and dangerous that allowing them to remain at large without security would be hazardous to the community.

This is an important preventive category because it focuses on the danger posed to the community rather than limiting the provision to a particular named offence.

Essential Elements

1. Information Must Be Received by an Executive Magistrate

The proceedings begin when an Executive Magistrate receives information concerning a person falling within one of the categories mentioned in Section 129.

2. The Person Must Be Within the Local Jurisdiction

The person must be within the local jurisdiction of the Executive Magistrate.

3. The Person Must Fall Within a Statutory Category

The information must indicate that the person falls within at least one of the categories specifically mentioned in Section 129.

A general allegation that a person is suspicious or undesirable is not sufficient by itself.

4. Habitual Conduct Is Important

Several categories expressly use the word habitually.

This indicates that the provision is directed at continuing or repeated conduct rather than merely an isolated incident.

5. The Magistrate May Require the Person to Show Cause

Where the statutory requirements are satisfied, the Magistrate may require the person to show cause why they should not be ordered to execute a bail bond for good behaviour.

6. Maximum Period of Three Years

The period for which security may be required cannot exceed three years.

This is an important distinction from Section 128, where the maximum period is one year.

Procedure Under Section 129

Section 129 is the starting point of the preventive security proceedings. The detailed procedure is contained in the provisions that follow it.

Step 1: Information Before the Executive Magistrate

Information is received that a person within the Magistrate’s local jurisdiction falls within one or more categories specified in Section 129.

Step 2: Preliminary Satisfaction

The Executive Magistrate considers whether the information provides a basis for proceeding under Section 129.

Step 3: Show Cause Requirement

The Magistrate may require the person to show cause why they should not be ordered to execute a bail bond for good behaviour.

Step 4: Written Order

Section 130 requires the Magistrate, where proceedings are initiated under Section 129, to make an order setting out the substance of the information received, the amount of the bond, the period for which it will remain in force, and the number, character and class of sureties required, if any.

Step 5: Inquiry

Section 135 provides for an inquiry into the truth of the information.

The inquiry is conducted in the manner provided by the BNSS, including the applicable procedure for recording evidence.

Step 6: Final Decision

After the inquiry, the Magistrate may require the person to give security if the statutory conditions are established. If the information is not sufficiently established, the person may be discharged under the applicable provisions.

Powers of the Executive Magistrate

Under Section 129, the Executive Magistrate has the power to initiate preventive security proceedings against persons falling within the statutory categories.

The Magistrate may require such a person to show cause why they should not execute a bail bond for good behaviour.

However, the power is not equivalent to a power to declare a person guilty. The statutory procedure, including the inquiry contemplated by Section 135, must be followed before a final order requiring security is made.

Limitations on the Power

The preventive power under Section 129 is subject to important limitations.

• The authority is vested in an Executive Magistrate.
• The person must be within the Magistrate’s local jurisdiction.
• The person must fall within one of the categories specified by the section.
• Where the section refers to habitual conduct, the habitual nature of the conduct must be relevant to the proceedings.
• The person must be given an opportunity to show cause.
• The subsequent statutory inquiry must be followed.
• The final security requirement must remain within the limits prescribed by law.
• The maximum period of security under Section 129 is three years.

Preventive powers cannot be converted into a method of imposing punishment without a criminal trial.

Section 129 and Habitual Offenders

The expression habitual offender is central to several categories under Section 129.

The provision is not intended to treat every person accused of one offence as a habitual offender. The statutory language requires habitual conduct in the categories where the word habitually is used.

The inquiry under Section 135 is therefore significant because the truth of the information placed before the Magistrate has to be examined before a final order for security is made.

Section 135 also specifically provides that the fact that a person is a habitual offender, or is so desperate and dangerous as to render their being at large without security hazardous to the community, may be proved by evidence of general repute or otherwise.

Section 129 and Criminal Punishment

Section 129 should not be confused with criminal punishment.

Preventive Security	Criminal Punishment
Intended to prevent future misconduct	Imposed for an offence already established
Based on preventive proceedings	Follows criminal adjudication
Requires security for good behaviour	May result in imprisonment, fine or other punishment
Does not amount to conviction	Normally follows conviction
Operates through an Executive Magistrate	Criminal liability is determined through the appropriate criminal court

A person proceeded against under Section 129 is not thereby convicted of the offences mentioned in the provision.

Section 129 and CrPC

Section 129 BNSS substantially corresponds to Section 110 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 110	Section 129
Subject	Security for good behaviour from habitual offenders	Security for good behaviour from habitual offenders
Authority	Executive Magistrate	Executive Magistrate
Nature	Preventive	Preventive
Maximum period	Three years	Three years
Basic framework	Habitual offenders and dangerous persons	Substantially continued

The basic preventive mechanism has been retained under the BNSS. The major structural change is the renumbering from Section 110 CrPC to Section 129 BNSS, along with updated references to offences under the BNS and certain statutory provisions.

Important Distinction: Section 128 and Section 129

Section 128	Section 129
Security for good behaviour from suspected persons	Security for good behaviour from habitual offenders
Concerned with a person concealing their presence	Concerned with persons falling within specified habitual-offender categories
Requires reason to believe that concealment is connected with a view to committing a cognizable offence	Requires information bringing the person within one or more categories specified in Section 129
Maximum period is one year	Maximum period is three years
Corresponds broadly to Section 109 CrPC	Corresponds broadly to Section 110 CrPC

Relationship with Sections 130 to 138

Section 129 should not be read in isolation.

Section 130 provides for the order to be made when proceedings under Section 129 are initiated.

Section 131 deals with the procedure concerning a person present in Court.

Section 132 deals with summons or warrant where the person is not present.

Section 133 requires a copy of the order to accompany the summons or warrant.

Section 134 permits the Magistrate to dispense with personal attendance in appropriate circumstances.

Section 135 provides for an inquiry into the truth of the information.

Section 136 deals with the order to give security.

Section 137 deals with discharge of the person against whom the proceedings were initiated.

Section 138 deals with the commencement of the period for which security is required.

These provisions together establish the procedural framework governing preventive security proceedings.

Constitutional Connection

Section 129 can affect a person’s liberty and therefore must operate within constitutional safeguards.

Article 14

The exercise of preventive power must not be arbitrary or discriminatory. Persons similarly situated must be treated according to law.

Article 21

Since proceedings under Section 129 can impose restrictions on personal liberty, the procedure followed must satisfy the requirements of fairness, legality and procedural safeguards.

The person must be given the opportunity to contest the information and the statutory inquiry must be conducted according to law.

Judicial Interpretation

Rakesh Kumar Singh v. State of West Bengal

In Rakesh Kumar Singh v. State of West Bengal, decided in 2026, the court explained the preventive nature of Section 129 BNSS.

The court observed that Section 129 empowers an Executive Magistrate to initiate proceedings based on information suggesting that a person is a habitual offender or otherwise poses a danger contemplated by the provision.

The object is not to punish the person but to prevent anticipated breaches of law by requiring the person to show cause why they should not be bound to maintain good behaviour.

The court also distinguished the preliminary satisfaction required for initiating proceedings from the later inquiry into the truth of the information.

This distinction is important because initiation of proceedings under Section 129 does not itself establish guilt or conclusively establish that the person is a habitual offender.

Example

Suppose X has repeatedly been involved in theft and is alleged to be habitually receiving stolen property with knowledge that it was stolen.

If information concerning X is placed before an Executive Magistrate and the statutory requirements of Section 129 are satisfied, the Magistrate may initiate proceedings requiring X to show cause why X should not be ordered to execute a bail bond for good behaviour.

The proceeding does not mean that X has been convicted of theft or receiving stolen property. The purpose is preventive, and the truth of the information must be examined through the procedure prescribed by the BNSS.

Common Confusions

Does Section 129 punish habitual offenders?

No.

Section 129 is preventive. It allows the Magistrate to initiate proceedings for requiring security for good behaviour.

Is one criminal case enough to make a person a habitual offender?

Not necessarily.

Where the statutory category requires habitual conduct, the proceedings must address the requirement of habituality. An isolated allegation cannot automatically satisfy every category under Section 129.

Can the Magistrate directly order imprisonment under Section 129?

Section 129 itself does not impose imprisonment as punishment.

It provides for proceedings requiring the person to show cause why they should not execute a bail bond for good behaviour. The consequences of failure to furnish security are governed by the subsequent provisions of the BNSS.

What is the maximum period for security under Section 129?

Three years.

The provision expressly limits the period to a maximum of three years.

Is Section 129 the same as Section 110 CrPC?

Substantially, yes.

Section 129 BNSS carries forward the preventive framework previously contained in Section 110 CrPC, with updated statutory references under the new criminal laws.

Can a person be treated as guilty merely because Section 129 proceedings are initiated?

No.

Initiation of preventive proceedings is not a finding of criminal guilt. The subsequent inquiry determines whether the information supporting the proceedings is established sufficiently to justify an order for security.

Topic at a Glance

Point	Position
Topic	Security for good behaviour from habitual offenders
BNSS Section	Section 129
Chapter	Chapter IX
Authority	Executive Magistrate
Persons covered	Specified habitual offenders and persons who are desperate and dangerous as contemplated by the section
Security	Bail bond for good behaviour
Maximum period	Three years
Nature	Preventive
Corresponding CrPC provision	Section 110
Inquiry	Section 135
Final security order	Section 136
Discharge	Section 137

Quick Revision

• Section 129 BNSS deals with security for good behaviour from habitual offenders.
• Proceedings are initiated by an Executive Magistrate on receiving relevant information.
• The person must fall within one or more categories specifically mentioned in the provision.
• The section covers habitual robbers, house-breakers, thieves, forgers, receivers of stolen property and several other categories.
• It also covers persons habitually involved in specified offences and persons so desperate and dangerous that their being at large without security is hazardous to the community.
• The Magistrate may require the person to show cause why they should not execute a bail bond for good behaviour.
• The maximum period of security is three years.
• Section 129 is preventive, not punitive.
• Section 135 provides for inquiry into the truth of the information.
• Section 136 deals with the order to give security.
• Section 137 deals with discharge.
• Section 129 substantially corresponds to Section 110 CrPC.
• Initiation of proceedings does not amount to a finding of guilt.

ASLO READ: Section 128 – Security for good behaviour from suspected persons

Conclusion

Section 129 BNSS provides an important preventive mechanism for dealing with habitual offenders and persons whose continued presence without security may pose a danger to the community. It allows an Executive Magistrate to require such persons to show cause why they should not furnish security for good behaviour for a period that may extend up to three years.

The provision does not replace ordinary criminal prosecution and does not itself establish criminal guilt. Its purpose is preventive: to address continuing risks associated with habitual criminal conduct while ensuring that the person is subjected to the inquiry and procedural safeguards prescribed by the BNSS.