Section 128: Security for Good Behaviour from Vagrants and Suspected Persons

Overview

Section 128 of the Bhartiya Nagrik Suraksha Sanhita (BNS) 2023 deals with a *preventive* procedure. It allows authorities to require a person, who is either a vagrant or suspected of being dangerous to the community, to provide security for their good behaviour. This is not a punishment, but a measure to prevent potential harm.

Purpose of the Provision

This provision exists to maintain public peace and safety. Sometimes, a person’s behaviour suggests they *might* commit an offence. Instead of waiting for an offence to happen, this section allows police to take steps to prevent it. It’s about proactively managing potential threats to the community.

Step-by-Step Procedure

• Step 1 – Authority: An officer in charge of a police station can initiate this process. They must have reasonable suspicion that the person is either a vagrant (has no visible means of settlement) or likely to engage in unlawful or disorderly conduct.
• Step 2 – Order to Provide Security: The officer can order the person to provide security – usually a bond – for good behaviour. This bond is a promise to maintain good behaviour for a specified period. The amount of the bond is decided by the officer.
• Step 3 – Time Limit & Reporting: The person must provide the security within a time frame set by the officer. If the security isn’t provided, the officer must produce the person before a Magistrate without unnecessary delay.

Rights and Safeguards

• Reasonable Suspicion: The officer *must* have a reasonable basis for their suspicion. This isn’t a free pass to harass anyone.
• Production Before Magistrate: If the person fails to provide security, they *must* be brought before a Magistrate. The Magistrate will review the case and decide if the security should be enforced.
• Right to be Heard: The person has the right to explain their situation to the Magistrate.
• Record of Reasons: The officer must record the reasons for their suspicion and the order to provide security.

Practical Examples

• Example 1: A person with a history of public disturbances is seen loitering near a crowded market. The police officer, suspecting potential trouble, orders them to provide a bond for good behaviour.
• Example 2: A vagrant is found sleeping in a public park, and the officer believes they might be involved in petty theft. The officer asks for security to ensure they don’t engage in criminal activity. If the vagrant refuses, they are produced before a Magistrate.

Difference from Old CrPC Provision (if applicable)

The BNS largely retains the core principles of Section 109 of the old CrPC. However, the BNS emphasizes a more streamlined process and quicker production before a Magistrate if security is not provided. The language is also updated for clarity.

Key Takeaways

Section 128 is a preventive measure. It allows police to ask potentially troublesome individuals to provide a financial guarantee of good behaviour. Remember, this isn’t a punishment, but a way to prevent crime. If you are asked to provide security, understand your right to be heard by a Magistrate.