Section 142: Commencement of Period for which Security is Required

Overview

Section 142 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with a procedural aspect of maintaining public order. Specifically, it clarifies *when* the time period for which a person is required to provide security (a bond) for keeping the peace or for good behaviour actually starts. This is important for determining when the security obligation ends.

Purpose of the Provision

This provision exists to ensure clarity and fairness. It prevents ambiguity about how long someone must maintain good behaviour after being asked to provide security. Without a clear starting point, it would be difficult to determine when the security obligation is fulfilled and the bond can be discharged.

Step-by-Step Procedure

• Step 1 – Order by Magistrate: A Magistrate (judicial officer) issues an order requiring a person to provide security for keeping the peace or maintaining good behaviour.
• Step 2 – Commencement of Period: Section 142 states that the period for which the security is required begins to run from the date the person *executes* (signs and finalizes) the bond. It’s not from the date of the order itself.
• Step 3 – Duration as per Order: The duration of the security period is determined by the Magistrate in the original order. This period will be clearly stated in the order.

Rights and Safeguards

• The person required to give security has the right to be informed of the exact duration of the security period.
• The Magistrate must record the reasons for requiring security in the order.
• The person executing the bond is entitled to a copy of the bond and the order.
• The bond must be reasonable in amount, considering the person’s means.

Practical Examples

• Example 1: A Magistrate orders Rohan to provide security for six months for keeping the peace. Rohan signs the bond on January 1st. The six-month period begins on January 1st and ends on June 30th.
• Example 2: Priya is asked to provide security for one year. She delays signing the bond until February 15th. The one-year period starts on February 15th and ends on February 14th of the following year.

Difference from Old CrPC Provision (if applicable)

The BNS largely maintains the principle established under Section 118 of the old Criminal Procedure Code (CrPC). The core concept of the period starting from the execution of the bond remains consistent. There are no significant changes in this regard.

Key Takeaways

Remember these key points: The period for security begins when you *sign* the bond, not when the Magistrate orders it. Always check the order to understand the exact duration. Keep a copy of the bond and the order for your records. This section ensures fairness by clearly defining when your obligation to maintain security ends.