Section 129: Security for Good Behaviour from Habitual Offenders

Overview

Section 129 of the Bhartiya Nagrik Suraksha Sanhita, 2023 deals with a preventive procedure. It allows a Magistrate to order a person with a history of offences to provide security – usually a bond – to ensure they maintain good behaviour. This isn’t about punishing someone for a crime they’ve already committed, but preventing future offences.

Purpose of the Provision

This provision exists to protect society from individuals who repeatedly engage in criminal activity. It aims to deter habitual offenders from committing further crimes by making them financially responsible for good behaviour. It’s a proactive step to maintain law and order.

Step-by-Step Procedure

• Step 1 – Magistrate’s Action: A Magistrate, based on information received, believes a person is likely to commit an offence. This information can come from police reports or other sources.
• Step 2 – Order to Show Cause: The Magistrate issues an order directing the person to appear and show cause why they shouldn’t be required to provide security for good behaviour.
• Step 3 – Hearing and Order: The Magistrate hears the person and any evidence presented. If satisfied, the Magistrate passes an order requiring the person to execute a bond, with or without sureties, for a specified amount and period. The period cannot exceed three years.

Rights and Safeguards

• Right to be Heard: The person must be given a fair opportunity to explain their side of the story before the Magistrate.
• Reasoned Order: The Magistrate must record the reasons for the order. This ensures transparency and allows for judicial review.
• Sureties: If sureties are required, the person can present individuals willing to vouch for their good behaviour.
• Appeal: An appeal against the Magistrate’s order lies before the Sessions Judge.

Practical Examples

• Example 1: A person has been repeatedly caught for petty theft. The police inform the Magistrate. The Magistrate orders the person to appear and show cause. After hearing the person, the Magistrate orders them to execute a bond of ₹5,000 with a surety for one year.
• Example 2: A person known for public disturbances is released from jail. The police request the Magistrate to take action. The Magistrate orders the person to appear. The person argues they have changed their ways. The Magistrate, considering the evidence, may or may not require security.

Difference from Old CrPC Provision (if applicable)

The BNS Sanhita largely retains the core principles of Section 108 of the old CrPC. However, the BNS Sanhita aims for more clarity and streamlined procedures. The emphasis on recording reasons is strengthened to ensure accountability.

Key Takeaways

Section 129 is a preventive measure. It allows Magistrates to proactively manage potential threats to public order. Individuals subject to this section have the right to be heard and can appeal the Magistrate’s decision. The focus is on ensuring good behaviour, not punishing past offences.