Section 126 BNSS: Security for Keeping Peace in Other Cases

Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a preventive procedure under which an Executive Magistrate may require a person to show cause why a bond or bail bond should not be executed for keeping the peace when a breach of the peace or disturbance of public tranquillity is apprehended.

Key points under Section 126 BNSS

The power is exercised by an Executive Magistrate.
The proceeding is preventive and is based on information about an apprehended breach of peace, disturbance of public tranquillity, or a wrongful act likely to cause either.
The Magistrate must form an opinion that there is sufficient ground for proceeding.
The person concerned is required to show cause before an order for security is made.
The bond or bail bond for keeping the peace cannot exceed one year.
Jurisdiction may arise from the place where the disturbance is apprehended or from the presence within the Magistrate's jurisdiction of the person likely to cause it.

Text of Section 126 - Security for keeping peace in other cases

126. (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Official source: India Code - Section 126, Bharatiya Nagarik Suraksha Sanhita, 2023.

Meaning and scope of Section 126 BNSS

Section 126 is a preventive provision. Its purpose is to enable the Executive Magistrate to act before an anticipated breach of peace or disturbance of public tranquillity occurs. It does not, by itself, declare the person guilty of an offence. Instead, the statutory mechanism requires the person to show cause why security for keeping the peace should not be ordered.

The provision covers not only a direct likelihood of breach of peace or disturbance of public tranquillity, but also a wrongful act that may probably result in such a breach or disturbance. The Magistrate must have information before him and must form an opinion that sufficient ground exists for proceeding.

When can Section 126 BNSS be invoked?

On the language of Section 126(1), the preventive jurisdiction may be initiated where the Executive Magistrate receives information indicating that a person is likely to:

commit a breach of the peace;
disturb the public tranquillity; or
do a wrongful act that may probably occasion a breach of the peace or disturb public tranquillity.

Receipt of information is not the only statutory condition. The Executive Magistrate must also be of the opinion that there is sufficient ground for proceeding. The next step is a show-cause process in accordance with the succeeding provisions of Chapter IX.

Jurisdiction of the Executive Magistrate

Section 126(2) provides two jurisdictional bases. Proceedings may be taken before an Executive Magistrate where the place in which the breach of peace or disturbance is apprehended falls within the Magistrate's local jurisdiction. Proceedings may also be taken where the person likely to commit the apprehended act is within that jurisdiction, even if the anticipated breach, disturbance or wrongful act may occur beyond it.

Procedure after initiation under Section 126

Section 126 must be read with the procedural provisions that follow it in Chapter IX of the BNSS. In particular, Section 130 deals with the order to be made when a Magistrate acting under the relevant security provisions considers it necessary to require a person to show cause. The succeeding provisions address appearance, inquiry, security and discharge.

The maximum period expressly stated in Section 126 for a bond or bail bond for keeping the peace is one year. The actual period, if security is ultimately ordered in accordance with law, is for the Magistrate to determine within that statutory limit.

Legal note:

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It replaced the general criminal procedure framework of the Code of Criminal Procedure, 1973 for matters governed by the new law and came into force on 1 July 2024, subject to the statutory commencement provisions.

Section 126 forms part of Chapter IX, titled "Security for Keeping the Peace and for Good Behaviour." Readers may also refer to Section 125 - Security for keeping peace on conviction, 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, and Section 130 - Order to be made.