Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 128: Security for good behaviour from suspected persons.
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, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
Brefe Detail
This section empowers an Executive Magistrate to take action against individuals suspected of concealing their presence to commit a cognizable offense. The Magistrate can require such individuals to show cause for their actions and may order them to execute a bond for good behaviour for a period not exceeding one year.
Question & Answers
What authority does the Executive Magistrate have in this section?
The Executive Magistrate can require suspected individuals to show cause for concealing their presence and may order them to execute a bond for good behaviour.
What is the maximum duration for which the bond for good behaviour can be ordered?
The bond can be ordered for a period not exceeding one year.
What condition must be met for the Magistrate to take action?
There must be information indicating that the individual is taking precautions to conceal their presence with the intention of committing a cognizable offence.
Example
If an Executive Magistrate receives information about a person acting suspiciously in a neighborhood, they may require that person to explain their actions. If the suspicion is deemed valid, the Magistrate could order them to post a bond for good behaviour for a year.
Summary
Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows Executive Magistrates to act against individuals suspected of planning to commit crimes by concealing their whereabouts. The Magistrate can mandate a bond for good behaviour, ensuring community safety for a period of up to one year.
