Section 128 BNSS: Security for Good Behaviour from Suspected Persons

Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers an Executive Magistrate to require a person to show cause why he should not execute a bond or bail bond for good behaviour where that person is taking precautions to conceal his presence and there is reason to believe that he is doing so with a view to committing a cognizable offence.

Key points under Section 128 BNSS

The power is exercised by an Executive Magistrate.
The person must be within the Magistrate's local jurisdiction.
The person must be taking precautions to conceal his presence.
There must be reason to believe that the concealment is with a view to committing a cognizable offence.
The person must be given an opportunity to show cause in the manner provided by Chapter IX.
The bond or bail bond for good behaviour cannot exceed one year.

Text of Section 128 - Security for good behaviour from suspected persons

128. When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.

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

Meaning and scope of Section 128 BNSS

Section 128 is a preventive-security provision contained in Chapter IX of the BNSS. Its focus is not on punishment for an offence already proved, but on preventive action where the statutory circumstances indicate that a person is concealing his presence with a view to committing a cognizable offence.

The provision requires more than mere presence in the locality. The statutory language links the Magistrate's jurisdiction to precautions taken to conceal presence and to a reason to believe that the concealment is connected with an intention to commit a cognizable offence.

Conditions for invoking Section 128 BNSS

On the wording of Section 128, the following elements must exist before the preventive process can be initiated:

the Executive Magistrate receives information;
the person concerned is within the Magistrate's local jurisdiction;
the person is taking precautions to conceal his presence;
there is reason to believe that such concealment is with a view to committing a cognizable offence; and
the Magistrate proceeds in the manner prescribed by the succeeding provisions of Chapter IX.

If these statutory conditions are met, the Magistrate may require the person to show cause why security for good behaviour should not be ordered. The maximum period expressly permitted by Section 128 is one year.

Meaning of "cognizable offence" under the BNSS

Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines a "cognizable offence" as an offence for which, and a "cognizable case" as a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

This definition is important for Section 128 because the preventive jurisdiction under that section is expressly connected with an apprehended cognizable offence, rather than with offences generally.

Related arrest provisions:

Section 35 BNSS deals with circumstances in which police may arrest without warrant. Sections 168 to 170 also contain provisions concerning prevention of cognizable offences, information of a design to commit cognizable offences and arrest to prevent commission of cognizable offences.

Procedure after proceedings are initiated

Section 128 must be read with the succeeding provisions of Chapter IX. In particular, Section 130 deals with the order to be made when a Magistrate acting under the relevant preventive-security provisions considers it necessary to require a person to show cause. The following sections regulate appearance, inquiry, security, discharge, commencement of the security period, contents of the bond and related matters.

Section 128 therefore does not operate as an automatic order for security. It initiates a statutory show-cause process, and the subsequent procedure must be followed before a final order requiring security for good behaviour is made.

Commencement of the BNSS:

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It came into force on 1 July 2024, subject to the exception stated in the commencement notification.

Section 128 is part of the broader preventive-security framework in Chapter IX. Related provisions include Section 125 - Security for keeping peace on conviction, Section 126 - Security for keeping peace in other cases, Section 127 - Security for good behaviour from persons disseminating certain matters, Section 129 - Security for good behaviour from habitual offenders, and Section 130 - Order to be made.