Sections 106–110 CrPC vs Sections 125–129 BNSS — Security for Keeping the Peace and for Good Behaviour

In India, Sections 125 to 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 106 to 110 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The triggers and maximum periods are unchanged; security becomes a "bond or bail bond", and the offence lists now point to the Bharatiya Nyaya Sanhita, 2023 (BNS).

At a glance

These are preventive provisions, not offences, so neither First Schedule classifies them. They sit in Chapter IX of the BNSS ("Security for keeping the peace and for good behaviour"), which was Chapter VIII of the CrPC. The procedure that follows — order, summons, inquiry, security, default — is in Sections 130 to 143 BNSS (CrPC 111 to 124).

Numbering trap: Section 125 BNSS is not maintenance. Maintenance of wives, children and parents (Section 125 CrPC) is now Section 144 BNSS — see Section 125 CrPC vs Section 144 BNSS.

What changed

Substantive changes

• Modified — Section 127(1)(i)(a) (CrPC 108(1)(i)(a)), the offences referred to: "section 124A or section 153A or section 153B or section 295A of the Indian Penal Code" becomes "section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023". Section 124A IPC was sedition; Section 152 BNS is headed "Act endangering sovereignty, unity and integrity of India". On a reading of the text, the dissemination limb now turns on the ingredients of Section 152 BNS, which differ from those of Section 124A IPC. The heading changes from "persons disseminating seditious matters" to "persons disseminating certain matters".
• Modified — Section 129(f)(i) (CrPC 110(f)(i)), the special Acts: the CrPC list was the Drugs and Cosmetics Act, 1940; the Foreign Exchange Regulation Act, 1973; the Employees' Provident Fund and Family Pension Fund Act, 1952; the Prevention of Food Adulteration Act, 1954; the Essential Commodities Act, 1955; the Untouchability (Offences) Act, 1955; the Customs Act, 1962; and the Foreigners Act, 1946. The BNSS list is the Drugs and Cosmetics Act, 1940; the Foreigners Act, 1946; the Employees' Provident Fund and Miscellaneous Provisions Act, 1952; the Essential Commodities Act, 1955; the Protection of Civil Rights Act, 1955; the Customs Act, 1962; and the Food Safety and Standards Act, 2006. The Foreign Exchange Regulation Act, 1973 and the Prevention of Food Adulteration Act, 1954 are omitted; two Acts appear under their later titles; the list is re-lettered (a) to (g).
• Modified — Section 129(d) (CrPC 110(d)): "any offence punishable under Chapter XII of the Indian Penal Code ... or under section 489A, section 489B, section 489C or section 489D of that Code" becomes "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". Chapter XII IPC covered coin and Government stamps; Chapter X BNS covers "coin, currency-notes, bank-notes, and Government stamps", and Sections 178 to 181 BNS sit inside Chapter X itself.
• Modified — security in Section 129 (CrPC 110): "execute a bond, with sureties, for his good behaviour" becomes "execute a bail bond, for his good behaviour". Section 2(1)(d) BNSS defines "bail bond" as "an undertaking for release with surety", so on a reading of the definitions the surety requirement is carried forward in new words.

Drafting changes

• Minor edit — security in Sections 125 to 128 (CrPC 106 to 109): "execute a bond, with or without sureties" becomes "execute a bond or bail bond". Section 2(1)(e) BNSS defines "bond" as "a personal bond or an undertaking for release without surety", so on a reading of the definitions the choice between security with and without sureties remains. Section 125(3) now says the "bond or bail bond so executed" becomes void if the conviction is set aside.
• Minor edit — Section 125(2)(a) (CrPC 106(2)(a)): "any offence punishable under Chapter VIII of the Indian Penal Code ..., other than an offence punishable under section 153A or section 153B or section 154 thereof" becomes "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". Both chapters are headed "Of offences against the public tranquillity"; Section 193(1) BNS carries the owner-or-occupier-of-land offence that was Section 154 IPC.
• Minor edit — Section 127(1)(i)(b) and (ii): criminal intimidation or defamation of a Judge now refers to the BNS; the obscene-matter limb refers to Section 294 BNS instead of Section 292 IPC.
• Minor edit — headings: "Security for keeping the peace on conviction" and "... in other cases" become "Security for keeping peace ...".
• Minor edit — Section 129(g): "so desperate and dangerous to render" becomes "so desperate and dangerous as to render"; clause separators change from ", or" to "; or".
• Unchanged — triggers and periods: who may act, on what information, and the maximum periods are repeated in each section, as is the bar in Section 127(2) on proceeding against the editor, proprietor, printer or publisher of a publication registered under the Press and Registration of Books Act, 1867 except by order or under the authority of the State Government or an officer it empowers.

Statutory text (relevant extract)

Extract, Section 107(1) CrPC (repealed from 1 July 2024):

... require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

Extract, Section 126(1) BNSS:

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.

Extract, Section 129 BNSS (closing words):

... 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.

How it works — the five triggers

1. On conviction (Section 125): when a Court of Session or a Magistrate of the first class convicts a person of an offence listed in Section 125(2) — a Chapter XI BNS offence (other than Section 193(1), 196 or 197), an offence of assault, criminal force or mischief, criminal intimidation, or any other offence that caused or was intended or known to be likely to cause a breach of the peace — or of abetting one, the Court may at the time of sentence order a bond or bail bond for keeping the peace for a period "not exceeding three years". An Appellate Court or revisional court may also make the order (Section 125(4)).
2. Apprehended breach of peace (Section 126): an Executive Magistrate who receives information and "is of opinion that there is sufficient ground for proceeding" may require the person to show cause. Under Section 126(2) the Magistrate may act where the apprehended breach is within the local jurisdiction, or where the person is within it.
3. Dissemination of certain matters (Section 127): a person within the local jurisdiction who intentionally disseminates (or attempts or abets dissemination of) matter punishable under Section 152, 196, 197 or 299 BNS, or matter concerning a Judge that amounts to criminal intimidation or defamation, or who deals in obscene matter referred to in Section 294 BNS.
4. Suspected persons (Section 128): a person within the local jurisdiction "taking precautions to conceal his presence" where there is reason to believe he is doing so "with a view to committing a cognizable offence".
5. Habitual offenders (Section 129): clauses (a) to (g) — habitual robbers, house-breakers, thieves, forgers and receivers of stolen property; habitual commission of the listed offences or of offences under the listed Acts; or a person "so desperate and dangerous as to render his being at large without security hazardous to the community".

What follows (Sections 130 to 141 BNSS): a written order stating the substance of the information, the amount of the bond, its term and "the number of sureties, after considering the sufficiency and fitness of sureties" (Section 130; Section 111 CrPC spoke of "the number, character and class of sureties (if any)"); reading over or service with a summons or warrant (Sections 131 to 133); an inquiry "as nearly as may be practicable" in the manner of a summons-case (Section 135(1)–(2)); an order to give security no larger or longer than the Section 130 order (Section 136) or discharge (Section 137); and committal to prison on default (Section 141(1)(a)).

What this means in practice

For a person served with a show-cause order

• Read the Section 130 order: it must set out the substance of the information, the amount, the term and the number of sureties. The security ultimately ordered cannot exceed it (Section 136, proviso (a)).
• The inquiry must be completed "within a period of six months from the date of its commencement"; otherwise the proceedings "stand terminated" unless the Magistrate, "for special reasons to be recorded in writing", directs otherwise (Section 135(6)). If you are detained pending the inquiry, the proceeding stands terminated "on the expiry of a period of six months of such detention" (proviso). A direction continuing the proceedings can be challenged before the Sessions Judge under Section 135(7).
• An interim bond or bail bond pending inquiry needs "reasons to be recorded in writing" (Section 135(3)), and a person not proceeded against under Section 127, 128 or 129 cannot be asked for an interim bond for good behaviour (proviso (a)).
• The Magistrate may dispense with personal attendance and permit appearance "by an advocate" (Section 134).

For the Executive Magistrate and the police

• For habitual offenders, check that the information falls within a clause of Section 129 as it now reads; a pattern of offences under the omitted Foreign Exchange Regulation Act, 1973 or Prevention of Food Adulteration Act, 1954 is no longer a listed head under Section 129(f)(i), though clause (f)(ii) still covers other laws against adulteration of food or drugs.
• Where the real dispute is over possession of land, the separate procedure is Section 164 BNSS (Section 145 CrPC); see Prakash Chand Sachdeva below.

For advocates

• Security under Section 129 is by bail bond, which by definition involves a surety. On a reading of Section 2(1)(d), an order under Section 129 for a personal bond without surety does not match the words of the section.
• A breach of a good behaviour bond is "the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed" (Section 139). Section 141(1)(b), which by its words applies to a bond or bail bond "for keeping the peace" executed under an order under Section 136, allows detention until the period of the bond expires, after the Magistrate records the grounds of proof.

Judgments that still matter

Madhu Limaye v. Sub-Divisional Magistrate, Monghyr and Ors., [1971] 2 S.C.R. 711 (1970 INSC 231) — 28 October 1970. A Bench of seven Judges considered challenges under Article 19 to Section 144 and Chapter VIII of the Code of Criminal Procedure, 1898. The majority judgment of Hidayatullah C.J. (for himself and five other Judges) described the gist of the Chapter as "the prevention of crimes and disturbances of public tranquillity and breaches of the peace", said there is no need to prove overt acts although overt acts that have taken place must be considered, and held the Chapter "as explained by us to be constitutionally valid" (pp. 735–736). The majority also said there is "no question of bail" in Chapter VIII proceedings, because release on bail would frustrate the purpose unless good behaviour is secured by a bond (p. 736). Bhargava J. agreed except on when an interim bond may be required pending inquiry. The judgment construes the 1898 Code; on a reading of the text, the preventive scheme it describes — information, opinion, show-cause order, inquiry, bond — is repeated in Sections 126 and 130 to 136 BNSS.

Prakash Chand Sachdeva v. State and Another, [1993] Supp. 3 S.C.R. 952 — 14 December 1993. Sahai J., for a Bench with Ratnavel Pandian J., dealt with a father's proceedings under Sections 107 and 145 CrPC against his son over part of a house. The Court said the Section 107 proceedings were rightly dropped because they are "of preventive justice", and that "The proceedings under Section 107 are for public peace and tranquillity whereas under Section 145 relates to disputes regarding possession" (pp. 954–955). Dropping the Section 107 proceedings therefore "could not furnish foundation" for dropping those under Section 145 (p. 955). The Court allowed the appeal, set aside the orders dismissing the Section 145 application and directed that the appellant be placed in possession (pp. 955–956). The same division now lies between Section 126 and Section 164 BNSS.

Devadassan v. The Second Class Executive Magistrate, Ramanathapuram and Ors., [2022] 1 S.C.R. 868 — 9 March 2022. J.K. Maheshwari J., for a Bench with Indira Banerjee J., dismissed an appeal against a Madras High Court order that had confirmed an Executive Magistrate's order under Section 122(1)(b) CrPC. The appellant had executed a bond for one year under Section 117 read with Section 110(e) CrPC; the judgment records that the bond was for Rs. 50,000 without sureties (para 6). After he was named in a later murder case, the Magistrate issued a show-cause notice, recorded his explanation, found the bond breached and ordered his detention (paras 3 and 7). The Court held that Chapter VIII confers these powers and that, since nothing showed that the prescribed procedure had not been followed, the order passed after affording opportunity did not call for interference (paras 7–9). Section 141(1)(b) BNSS repeats the breach-of-bond power, now for a "bond or bail bond".

No Supreme Court judgment construing Sections 125 to 129 BNSS was found.

Which law applies to your case

Section 531(2)(a) BNSS provides that any "appeal, application, trial, inquiry or investigation" pending immediately before 1 July 2024 is disposed of or continued in accordance with the CrPC "as if this Sanhita had not come into force". Section 531(2)(b) deems orders made under the CrPC and in force at commencement to have been made under the corresponding BNSS provisions. On a reading of that text, a bond ordered under Section 107 or 110 CrPC before 1 July 2024 continues, and fresh proceedings started after that date follow Sections 125 to 143 BNSS. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNSS equivalent of Section 107 CrPC? Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 107 CrPC from 1 July 2024. An Executive Magistrate who receives information that a person is likely to commit a breach of the peace or disturb the public tranquillity may require that person to show cause why he should not execute a bond or bail bond for keeping the peace for a period not exceeding one year.

Is Section 125 BNSS about maintenance? No. Section 125 BNSS is security for keeping peace on conviction, the counterpart of Section 106 CrPC. Maintenance of wives, children and parents, which was Section 125 CrPC, is now Section 144 BNSS. Always check which Code a section number belongs to.

What is the difference between a bond and a bail bond under the BNSS? Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) defines a bail bond as an undertaking for release with surety. Sections 125 to 128 BNSS allow either; Section 129, for habitual offenders, speaks only of a bail bond, as Section 110 CrPC required a bond with sureties.

What replaced the sedition reference in Section 108 CrPC? Section 127(1)(i)(a) BNSS refers to matter whose publication is punishable under Section 152, 196, 197 or 299 of the Bharatiya Nyaya Sanhita, 2023, in place of Sections 124A, 153A, 153B and 295A IPC. The heading now reads 'persons disseminating certain matters' instead of 'seditious matters'.

For how long can a person be bound over under Sections 125 to 129 BNSS? The periods are unchanged: not exceeding three years on conviction (Section 125), not exceeding one year under Sections 126, 127 and 128, and not exceeding three years for habitual offenders under Section 129. Under Section 135(6) BNSS the inquiry must be completed within six months of its commencement, failing which the proceedings stand terminated unless the Magistrate directs otherwise for special reasons recorded in writing.

What happens if a person breaks a bond taken under these sections? Under Section 141(1)(b) BNSS, if a person who executed a bond or bail bond for keeping the peace under an order under Section 136 is proved to have breached it, the Magistrate may, after recording the grounds of proof, order the person to be arrested and detained in prison until the period of the bond or bail bond expires. In Devadassan v. Executive Magistrate ([2022] 1 S.C.R. 868), the Supreme Court declined to interfere with such an order made under the corresponding Section 122(1)(b) CrPC, on a bond taken under Section 117 read with Section 110(e) CrPC.

Can a Magistrate proceed under these sections without any overt act? In Madhu Limaye v. Sub-Divisional Magistrate, Monghyr ([1971] 2 S.C.R. 711), the Supreme Court, construing the 1898 Code, said the action is preventive and is not based on an overt act but on the potential danger to be averted, though overt acts that have taken place must be considered. Section 126(1) BNSS still turns on information that a person is likely to commit a breach of the peace.

Which law applies to security proceedings pending on 1 July 2024? Section 531(2)(a) BNSS provides that any appeal, application, trial, inquiry or investigation pending immediately before the Sanhita came into force is disposed of or continued in accordance with the CrPC as if the Sanhita had not come into force. On a reading of that text, an inquiry under Sections 106 to 110 CrPC pending on 1 July 2024 continues under the CrPC.

Related

• Sections 20–23 CrPC vs Sections 14–17 BNSS — Executive Magistrates
• Section 144 CrPC vs Section 163 BNSS — Prohibitory Orders
• Sections 129–132 CrPC vs Sections 148–151 BNSS — Dispersal of Assembly
• Section 125 CrPC vs Section 144 BNSS — Maintenance
• Offence before 1 July 2024 — which law applies
• CrPC to BNSS master comparison table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 2(1)(d)–(e), 125 to 141 and 531(2); section headings checked in the India Code text.
• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Chapter X (Sections 178 to 181), Chapter XI (Section 193(1)), Sections 152, 196, 197, 294 and 299.
• Code of Criminal Procedure, 1973 (India Code text): Sections 106 to 111, 116 and 117 with amendment footnotes.
• Indian Penal Code, 1860 (India Code text): headings of Chapters VIII, X and XII; Section 154.
• Judgments read in full text: Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1971_2_711_741_EN.md); Prakash Chand Sachdeva v. State (S_1993_3_952_956_EN.md); Devadassan v. Second Class Executive Magistrate, Ramanathapuram (2022_1_868_874_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.