Section 127 BNSS: Security for Good Behaviour from Persons Disseminating Certain Matters
Section 127 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers an Executive Magistrate, in specified circumstances, to require a person to show cause why he should not execute a bond or bail bond for good behaviour for a period not exceeding one year.
- The proceeding is preventive in nature and is initiated by an Executive Magistrate.
- It applies to specified forms of dissemination, publication and circulation of certain punishable or obscene matter.
- The provision expressly refers to Sections 152, 196, 197, 299 and 294 of the Bharatiya Nyaya Sanhita, 2023.
- The Magistrate must be of the opinion that there is sufficient ground for proceeding.
- The person concerned must be required to show cause before security for good behaviour is ordered.
- The maximum period of the bond or bail bond under Section 127 is one year.
Text of Section 127 - Security for good behaviour from persons disseminating certain matters
127. (1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,-
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,-
(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Official source: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Meaning and scope of Section 127 BNSS
Section 127 is part of Chapter IX of the BNSS, which deals with security for keeping the peace and for good behaviour. The provision is designed to permit preventive action where the specified statutory conditions are met. It does not itself constitute a conviction for the underlying publication or dissemination offence.
The Executive Magistrate must first receive information concerning a person within the Magistrate's local jurisdiction. The conduct described by the section may occur either within or outside that jurisdiction. The Magistrate must then form the opinion that sufficient ground exists for proceeding before requiring the person to show cause.
What conduct is covered by Section 127?
Section 127(1) covers two broad categories of conduct. The first concerns intentional dissemination, attempted dissemination or abetment of dissemination of specified punishable matter. The second concerns making, producing, publishing, selling, distributing, publicly exhibiting or otherwise circulating obscene matter of the kind referred to in Section 294 of the Bharatiya Nyaya Sanhita, 2023.
- oral dissemination;
- written dissemination;
- dissemination in any other manner;
- attempting to disseminate;
- abetting dissemination;
- making, producing, publishing, selling or distributing obscene matter;
- importing, exporting, conveying or letting such matter to hire;
- publicly exhibiting or otherwise putting such matter into circulation.
Relevant Bharatiya Nyaya Sanhita provisions
Section 127 expressly cross-refers to Sections 152, 196, 197, 299 and 294 of the Bharatiya Nyaya Sanhita, 2023. These cross-references identify the categories of matter that can bring the preventive security provision into operation when the statutory requirements are otherwise satisfied.
Section 152 BNS: concerns acts endangering the sovereignty, unity and integrity of India.
Section 196 BNS: concerns promoting enmity between different groups and doing acts prejudicial to harmony.
Section 197 BNS: concerns imputations or assertions prejudicial to national integration.
Section 299 BNS: concerns deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Section 294 BNS: concerns sale, distribution, public exhibition and related dealings in obscene material, subject to the statutory wording and exceptions.
Official text of the Bharatiya Nyaya Sanhita, 2023: India Code - Bharatiya Nyaya Sanhita, 2023.
Special rule for registered publications under subsection (2)
The text of Section 127(2) refers to the Press and Registration of Books Act, 1867 and provides a special protection for the editor, proprietor, printer or publisher of a qualifying registered publication. In such cases, proceedings under Section 127 cannot be taken with reference to matter contained in that publication except by order of, or under the authority of, the State Government or an officer empowered by the State Government.
The Press and Registration of Books Act, 1867 has since been repealed by Section 22 of the Press and Registration of Periodicals Act, 2023. The 2023 Act came into force on 1 March 2024 and contains repeal-and-savings provisions. The wording of Section 127(2) of the BNSS nevertheless continues to reproduce the reference to the 1867 Act in the enacted BNSS text. The effect of the savings and any application to a particular publication should therefore be considered with the current press-registration law.
Official source: India Code - Press and Registration of Periodicals Act, 2023.
Procedure after proceedings are initiated
Section 127 must be read together with the succeeding provisions of Chapter IX. In particular, Section 130 deals with the order to be made when the Magistrate considers it necessary to require a person to show cause. Sections 131 to 143 then regulate matters including appearance, summons or warrant, inquiry into the truth of the information, the order to give security, discharge, commencement of the security period, contents of the bond, sureties and consequences of failure to furnish security.
The maximum security period stated in Section 127 itself is one year. The proceeding is therefore distinct from a criminal trial for any underlying BNS offence and operates within the preventive-security framework of Chapter IX.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the exception stated in the commencement notification.
Related BNSS provisions
For the surrounding preventive-security framework, see Section 125 - Security for keeping peace on conviction, Section 126 - Security for keeping peace in other cases, 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.