Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 125: Security for keeping peace on conviction.
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
- (a) any offence punishable under Chapter VIII of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 191 or section 194 or section 195 thereof;
- (b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
- (c) any offence of criminal intimidation;
- (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Brefe Detail
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for a Court to require a convicted person to provide security for keeping the peace. This applies to various offences, primarily those related to violence or disturbances. The section specifies the types of offences and the conditions under which the bond may be executed and its implications if the conviction is overturned.
Question & Answers
What does Section 125 allow a Court to do?
It allows a Court to order a convicted person to execute a bond for keeping the peace for up to three years.
What types of offences are included in sub-section (2)?
The offences include:
- Any offence under Chapter VIII of the Bharatiya Nyaya Sanhita, 2023 (except sections 191, 194, and 195).
- Assault or using criminal force.
- Criminal intimidation.
- Any offence likely to cause a breach of the peace.
What happens if the conviction is set aside?
If the conviction is set aside on appeal or otherwise, the bond executed becomes void.
Can an Appellate Court make an order under this section?
Yes, an order under this section may also be made by an Appellate Court or a Court exercising its powers of revision.
Example
1. Scenario: A person is convicted of assaulting another individual.
Court's Action: The Court orders the person to execute a bond for keeping the peace for two years.
2. Scenario: A person is convicted of making threats of violence.
Court's Action: The Court orders a bond to be executed, with the condition that if the conviction is later overturned, the bond will become void.
Summary
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023, enables Courts to mandate convicted individuals to provide security for maintaining peace, specifically targeting offences related to violence and public order. The section ensures that such measures can be revisited and potentially revoked if a conviction is later overturned.
