Section 143: Contents of Security Bond

Overview

Section 143 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with the procedural aspect of securing public peace and good behaviour through a security bond. It outlines what must be included in this bond when a Magistrate requires it from a person.

Purpose of the Provision

This provision exists to prevent potential disturbances of peace or unlawful acts. It allows authorities to ask individuals likely to cause trouble to provide a financial guarantee (the bond). If they maintain good behaviour, the money is returned. If they don't, the money is forfeited and can be used to cover damages or costs.

Step-by-Step Procedure

• Step 1 – Magistrate’s Order: A Magistrate (a judicial officer) believes a person may disturb the peace or engage in unlawful behaviour. The Magistrate then directs that person to enter into a security bond.
• Step 2 – Bond Execution: The person must sign a bond, agreeing to keep the peace for a specified period. They may also need a surety – another person who guarantees their good behaviour.
• Step 3 – Bond Amount & Period: The Magistrate decides the amount of the bond and the duration it remains in effect. These amounts are based on the potential risk.

Rights and Safeguards

• The bond must clearly state the conditions for good behaviour. Vague conditions are not allowed.
• The person signing the bond has the right to know why they are being asked to do so.
• If the person cannot afford the bond amount, the Magistrate *may* consider reducing it, but is not obligated to.
• Any forfeiture of the bond requires a separate hearing where the person can explain why they should not lose the money.

Practical Examples

• Example 1: A Magistrate anticipates trouble during a political rally. They ask known troublemakers to sign a peace bond, promising not to disrupt the rally. If they comply, their money is returned.
• Example 2: Two families are involved in a long-standing dispute. The Magistrate asks both heads of the families to sign bonds, ensuring they maintain peace and refrain from violence.

Difference from Old CrPC Provision (if applicable)

The BNS Sanhita largely retains the core principles of Section 108 of the old CrPC regarding security for keeping the peace. However, the BNS emphasizes clarity in bond conditions and the right to a hearing before forfeiture, potentially strengthening safeguards for individuals.

Key Takeaways

Remember that a security bond is a preventative measure. It’s not a punishment, but a way to ensure good behaviour. Understand the conditions of the bond, and know your right to be heard if the authorities attempt to forfeit the money. If asked to sign a bond, seek legal advice to understand your obligations.