Section 129 BNSS: Security for Good Behaviour from Habitual Offenders

Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers an Executive Magistrate to require certain habitual offenders, or a person considered so desperate and dangerous that release without security would be hazardous to the community, to show cause why a bail bond for good behaviour should not be ordered for a period not exceeding three years.

Key points under Section 129 BNSS

The proceeding is preventive and is initiated by an Executive Magistrate.
The person concerned must be within the Magistrate's local jurisdiction.
The provision covers specified categories of habitual criminal conduct.
It also covers certain offences under named Central Acts and laws dealing with hoarding, profiteering, food or drug adulteration, or corruption.
A person regarded as so desperate and dangerous that being at large without security is hazardous to the community is also covered.
The Magistrate may require a bail bond for good behaviour for a period not exceeding three years.

Text of Section 129 - Security for good behaviour from habitual offenders

129. When an Executive Magistrate receives information that there is within his local jurisdiction a person who-

(a) is by habit a robber, house-breaker, thief, or forger; or

(b) is by habit a receiver of stolen property knowing the same to have been stolen; or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or

(f) habitually commits, or attempts to commit, or abets the commission of-

(i) any offence under one or more of the following Acts, namely:-

(a) the Drugs and Cosmetics Act, 1940;

(b) the Foreigners Act, 1946;

(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952;

(d) the Essential Commodities Act, 1955;

(e) the Protection of Civil Rights Act, 1955;

(f) the Customs Act, 1962;

(g) the Food Safety and Standards Act, 2006; or

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

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

Meaning and scope of Section 129 BNSS

Section 129 is part of Chapter IX of the BNSS, which deals with security for keeping the peace and for good behaviour. The provision is preventive in character. It enables an Executive Magistrate to commence a statutory security proceeding when information is received about a person within the Magistrate's local jurisdiction who falls within one or more of the categories specified in clauses (a) to (g).

The use of expressions such as "by habit" and "habitually" is significant. The provision is directed at recurring or established conduct described in the section rather than merely reproducing the elements of a single substantive offence. The existence of the statutory grounds must still be examined through the procedure prescribed in Chapter IX.

Categories of persons covered by Section 129

Habitual property offenders: robbers, house-breakers, thieves and forgers.
Habitual receivers of stolen property: persons who habitually receive stolen property knowing it to be stolen.
Persons harbouring thieves: those who habitually protect or harbour thieves or aid concealment or disposal of stolen property.
Habitual offenders in specified offences: including kidnapping, abduction, extortion, cheating and mischief.
Habitual offenders against public peace: persons who habitually commit, attempt or abet offences involving breach of the peace.
Habitual offenders under specified regulatory laws: the Acts and other laws referred to in clause (f).
Desperate and dangerous persons: persons whose being at large without security is hazardous to the community.

Bharatiya Nyaya Sanhita provisions referred to in Section 129

Clause (d) refers to offences of kidnapping, abduction, extortion, cheating and mischief and also to offences punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023 and Sections 178 to 181 of that Sanhita.

BNS Chapter X: deals with offences relating to coin, currency-notes, bank-notes and Government stamps.

Section 178 BNS: counterfeiting coin, Government stamps, currency-notes or bank-notes.

Section 179 BNS: using as genuine forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

Section 180 BNS: possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes in the circumstances specified by that section.

Section 181 BNS: making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes.

Official BNS text: India Code - Bharatiya Nyaya Sanhita, 2023.

Special laws expressly listed in Section 129

Clause (f)(i) specifically identifies offences under the Drugs and Cosmetics Act, 1940; the Foreigners Act, 1946; the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 as worded in Section 129; the Essential Commodities Act, 1955; the Protection of Civil Rights Act, 1955; the Customs Act, 1962; and the Food Safety and Standards Act, 2006.

Clause (f)(ii) is broader. It covers habitual commission, attempt or abetment of offences punishable under other laws providing for prevention of hoarding or profiteering, adulteration of food or drugs, or corruption.

Procedure and period of bail bond

Section 129 authorises the Magistrate to require the person concerned to show cause why a bail bond for good behaviour should not be ordered. The maximum period specified by the section is three years.

The words "in the manner hereinafter provided" make the succeeding provisions of Chapter IX important. Section 130 deals with the formal order to be made when a Magistrate considers it necessary to require a person to show cause. The following provisions regulate appearance, 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.

Preventive proceeding, not automatic punishment:

Section 129 creates a preventive security mechanism. A person does not become liable to furnish security merely because information has been received. The statutory show-cause and inquiry procedure under Chapter IX must be followed.

Commencement of the BNSS:

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

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 127 - Security for good behaviour from persons disseminating certain matters, Section 128 - Security for good behaviour from suspected persons, and Section 130 - Order to be made.