What Is BNSS Section 129?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 129: Security for good behaviour from habitual offenders.

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 XII of the Bhartiya Nyaya Sanhita, 2023, or under section 176, section 177, section 178 or section 179 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 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 bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

Brefe Detail

Section 129 outlines the circumstances under which an Executive Magistrate can require habitual offenders to provide security for their good behaviour. It specifies various categories of habitual offenders and sets forth the conditions under which a bond may be demanded.

Question & Answers

What is the purpose of Section 129?

Section 129 aims to ensure that individuals who habitually commit offences provide security for their good behaviour to protect the community.

Who can initiate proceedings under Section 129?

An Executive Magistrate can initiate proceedings if they receive information about a person suspected of being a habitual offender.

What types of offences are covered under this section?

The section covers various offences, including robbery, theft, receiving stolen property, kidnapping, and offences under several specified Acts.

What is the maximum duration for which a bond can be required?

The bond can be required for a period not exceeding three years.

Example

1. If an individual is frequently caught for theft, the Executive Magistrate may require them to provide a bond for good behaviour.

2. A person known to be involved in drug-related offences could be subjected to security measures under this section to prevent further criminal activity.

Summary

Section 129 empowers Executive Magistrates to require habitual offenders to furnish a bond for good behaviour to safeguard public peace. It defines specific types of habitual conduct that may lead to such orders, aiming to mitigate potential threats to community safety.