Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 126: Security for Keeping Peace in Other Cases
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility 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 with or without sureties, 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 tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
Brefe Detail
This section empowers an Executive Magistrate to intervene when there's credible information that a person may breach the peace or disturb public order. The Magistrate can require the individual to justify why they should not be compelled to sign a bond, ensuring they maintain peace for up to one year.
Question & Answers
What authority does an Executive Magistrate have under Section 126?
An Executive Magistrate can require a person to show cause why they should not be ordered to execute a bond for keeping the peace.
What is the maximum period for which a bond can be required?
The bond can be required for a period not exceeding one year.
Under what circumstances can proceedings be initiated?
Proceedings can be initiated if there is credible information about a potential breach of peace or disturbance of public tranquility.
Example
- An Executive Magistrate receives a complaint about a person making threats at a public gathering. Based on the information, the Magistrate can summon the individual to explain why they should not be required to sign a peace bond.
Summary
Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows an Executive Magistrate to take preventive action against individuals likely to disturb public peace. It provides a framework for requiring individuals to execute a bond to ensure their compliance with peacekeeping measures for a specified duration.
