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Section 125 BNSS: Security for Keeping Peace on Conviction

Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a Court of Session or a Magistrate of the first class, in specified cases, to require a convicted person to execute a bond or bail bond for keeping the peace for a period not exceeding three years.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Meaning and scope of Section 125 BNSS

Section 125 is a preventive provision that operates at the stage of conviction and sentence. Where the statutory conditions are met, the Court may require the convicted person to furnish security for keeping the peace.

The power is discretionary. The Court must be of the opinion that taking security is necessary, and the order is made at the time of passing sentence.

In simple terms: after conviction for specified offences, the Court may require the convicted person to execute a bond or bail bond promising to keep the peace for a period that cannot exceed three years.

Section 125 - Security for keeping peace on conviction

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are-

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

When may the Court order security for keeping the peace?

The principal requirements under Section 125(1) are:

  • The person must have been convicted by a Court of Session or a Magistrate of the first class.
  • The conviction must be for an offence listed in Section 125(2), or for abetment of such an offence.
  • The Court must form the opinion that taking security is necessary for keeping the peace.
  • The order is made at the time of passing sentence.
  • The security is by execution of a bond or bail bond.
  • The period fixed by the Court cannot exceed three years.

Offences covered by Section 125(2)

Offences under Chapter XI of the Bharatiya Nyaya Sanhita, 2023

Section 125(2)(a) covers offences punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, subject to the express exclusions stated in the provision: an offence punishable under Section 193(1), Section 196 or Section 197 of the BNS.

Assault, criminal force or mischief

Section 125(2)(b) also applies where the offence consists of, or includes, assault, use of criminal force or commission of mischief.

Criminal intimidation

An offence of criminal intimidation is separately included by Section 125(2)(c).

Other offences likely to cause breach of peace

Section 125(2)(d) extends to any other offence that caused a breach of the peace, or was intended or known to be likely to cause such a breach.

Effect of appeal, setting aside of conviction and revision

Under Section 125(3), if the conviction is set aside on appeal or otherwise, the bond or bail bond executed under this section becomes void.

Section 125(4) further provides that the power is not confined to the trial Court. An Appellate Court, or a Court exercising revisional powers, may also make an order under Section 125.

Important legal terms

Bond

A bond under the BNSS is a formal undertaking required by law or by a Court. In Section 125, it is directed toward keeping the peace for the period fixed by the Court.

Bail bond

Section 125 expressly permits the Court to order execution of a bond or bail bond. The precise form and conditions must be read with the general BNSS provisions governing bonds, sureties and security.

Keeping the peace

In the context of Section 125, security for keeping the peace is preventive in character. It is intended to secure compliance with the obligation not to disturb public peace during the period specified by the Court.

Breach of the peace

The expression is relevant to Section 125(2)(d), which covers offences that caused, were intended to cause, or were known to be likely to cause a breach of the peace.

Official legal resources

For the authoritative statutory text and current Government material relating to the new criminal laws, use the official India Code and Ministry of Home Affairs links in the right-hand panel.