BNSS Section 126 — Security for Keeping the Peace in Other Cases

(A preventive tool to stop violence before it happens)

Property disputes, family tensions, neighborhood fights, political rivalries, and local dominance issues can escalate without warning. Many crimes occur not suddenly, but after clear signs of impending trouble. Indian law recognizes this pattern and therefore gives authorities the power to intervene before harm occurs.

BNSS Section 126 is a preventive justice mechanism. It allows an Executive Magistrate to require a person, who is likely to disturb public peace, to furnish security (a bond with or without sureties) to maintain peace for a specific period.

This law does not punish a past crime.

It prevents future violence.

✅ Why this section exists

Law enforcement cannot always wait until:

❌ Someone gets hurt

❌ Property is damaged

❌ A riot begins

❌ A threat becomes a crime

Section 126 gives the state the power to act early, based on credible information about likely violence.

This principle is rooted in:

“Prevention is better than punishment.”

✅ When can Section 126 be used?

An Executive Magistrate may act if:

✔ A person is likely to disturb the peace

✔ There is credible information about a planned wrongful act

✔ Their behavior has already caused alarm in the community

✔ There is reasonable fear that they may commit violence

Typical scenarios:

• Street fights brewing between groups

• Ongoing property encroachment tensions

• Political workers threatening rivals before a rally

• Family disputes with risk of assault

• Stalking or harassment escalating toward physical harm

• Gang rivalry heating up in a locality

A small spark can turn into a public safety threat—this law tries to extinguish the spark in time.

✅ Who can initiate action?

Action begins based on:

• Police report

• Complaint by an affected person

• Own knowledge of the Magistrate (rare, but possible)

The person against whom action is sought must be summoned and given a fair chance to explain their conduct.

✅ Key steps in the procedure

1️⃣ Magistrate receives credible information

2️⃣ Issues a show-cause notice

3️⃣ Accused appears and responds to the allegations

4️⃣ Evidence is examined (statements, police reports, witnesses)

5️⃣ If danger is confirmed → Security bond ordered

6️⃣ Duration of the bond is fixed

The process protects both public safety and the rights of the accused.

✅ What is “security” in this context?

Security means:

✔ A written bond

✔ May include surety (another person guaranteeing good behavior)

✔ Deposit of money or recognized security may be required

If a person maintains peace →

➡ Bond expires after the prescribed period

If they violate peace →

➡ Bond forfeited

➡ Fresh action or arrest possible

It functions like a legal promise to behave.

✅ Duration of imposed security

The Magistrate can order security for a period up to 1 year.

The duration depends on:

• Severity of threat

• Community impact

• Past conduct

• Level of risk

Short terms are often used to diffuse temporary tensions.

✅ Legal safeguards to prevent misuse

✓ Person must be heard

✓ Evidence is required

✓ No punishment for old acts alone

✓ Objective satisfaction of Magistrate is mandatory

✓ Judicial review available

Courts emphasize that there must be a real danger, not vague suspicion.

✅ Examples for better understanding

Example 1 — Street dispute escalating

Two shop owners fight repeatedly. One threatens to “finish” the other. Police warn that violence is imminent.

➡ Section 126 may be invoked for peace bonds

Example 2 — Family conflict turning violent

Siblings clash over inheritance. One locks out the other and threatens future harm.

➡ Magistrate requires security for keeping peace

Example 3 — Community festival tension

Aggressive crowd leaders threaten disorder during a procession.

➡ Peace bonds ensure disciplined conduct

Example 4 — Ex-partner harassment

A man keeps following and threatening a woman despite warnings.

➡ Bond prevents escalation to assault

• These actions avert crime before it occurs.

✅ How Section 126 fits into the broader preventive justice system

BNSS has multiple provisions designed to stop violence before it begins. Each deals with a different kind of threat. In that structure, Section 126 functions like a safety net for situations where someone has shown behavior that could escalate into a public disturbance.

Here is how it complements other nearby measures:

• Section 125 handles cases where a person has already behaved violently or threatened peace. Security is sought because past conduct shows real danger.
• Section 126 applies where violence has not yet occurred, but there are credible signs that a person may disturb peace in the near future. It is preventive in the truest sense.
• Sections 127 and related provisions deal with immediate law-and-order interventions such as wrongful confinement, aggression in public places, or acts affecting community safety.

Together, these provisions create a graduated response model:

1️⃣ Identify credible threat

2️⃣ Intervene early through lawful authority

3️⃣ De-escalate tensions with accountability measures

4️⃣ Keep public peace without waiting for a crime to happen

This allows law enforcement to contain small disputes before they turn into violent crimes. Section 126 fills the gap between:

• mere suspicion

and

• actual criminal act

It empowers the state to protect society from predictable harm, while still giving individuals the right to be heard and defend themselves.

✅ Impact on society

Positive outcomes:

✔ Reduces violent offenses

✔ Helps police dispute-resolution

✔ Encourages peaceful settlements

✔ Signals that intimidation won’t be tolerated

✔ Builds community trust in the law

It makes preventive policing legitimate and accountable.

✅ Penalty for non-compliance

If a person:

• Refuses to sign bond

• Violates bond conditions

• Disturbs peace again

Then:

🚔 They may be taken into custody

⚖️ They may face further preventive proceedings

💰 Bond money may be forfeited

The law sends a message:

“Cooperate for peace, or face consequences.”

✅ Quick Summary (for readers)

BNSS Section 126 empowers magistrates to:

✔ Step in before violence erupts

✔ Order peace bonds from persons posing a threat

✔ Protect communities and prevent retaliation

✔ Maintain public order during sensitive disputes

The purpose is not to punish,

but to protect society from predictable danger.