BNSS Section 125 — Security for Keeping the Peace

(Police and Magistrate powers to prevent crimes before they occur)

Criminal justice is not only about punishing crimes after they happen. A key purpose of law is prevention, especially when a person is likely to disrupt peace in society. The Bharatiya Nagarik Suraksha Sanhita (BNSS) acknowledges this through Section 125, a preventive provision empowering Executive Magistrates to intervene when someone’s conduct suggests a risk to public peace.

Unlike criminal punishment, which follows proof of an offence, Section 125 is about:

• Stopping violence before it starts

• Giving community safety priority

• Deterring habitual troublemakers

This provision has deep roots in older preventive justice models (formerly CrPC Sections 107/110), now modernized and aligned with constitutional rights.

✅ When is Section 125 used?

Section 125 applies when:

• There is credible information that a person is likely to disturb public peace

• That person’s actions or behavior create a reasonable fear of violence

• Police want to prevent escalation of personal or group conflict

The goal is to protect peace, not to punish.

A few warning signs prompting action:

✔ Threatening neighbors

✔ Involvement in recurring community disputes

✔ Instigating fights or mob behavior

✔ Intent to cause riots, clashes, or public nuisance

✔ Extortionist intimidation

✔ Gang-related activity

BNSS gives authority to Executive Magistrates to demand a security bond (a legal promise backed by monetary guarantee) to ensure the person maintains good behavior.

✅ What does the Magistrate actually do?

The steps involved:

1️⃣ Police submit an information report about the person's conduct

2️⃣ Magistrate calls the person to court and informs them of the allegations

3️⃣ A hearing is held to evaluate the credibility of preventive fears

4️⃣ If satisfied, Magistrate orders the person to execute a bond

5️⃣ Bond requires:

• Good behavior for a defined period

• A monetary guarantee (security amount)

• Sureties who take responsibility

If the person refuses or violates conditions:

⛔ They can be detained (preventive detention)

Intermediate detention is also allowed until the bond is executed to preserve peace.

✅ How long can a preventive order last?

Ordinarily:

✅ Up to 1 year

Orders are time-bound to prevent excessive state power.

If continuation is needed, a fresh proceeding has to be initiated with fresh reasons.

✅ Example scenarios to understand Section 125

Example 1 — Neighborhood dispute turning violent

Two families repeatedly fight and threaten each other

➡ Police report credible fear of violence

➡ Magistrate orders both sides to execute bonds

➡ If they break the peace, they lose money or face detention

Example 2 — Gang member intimidating shopkeepers

Repeated threats are causing fear in the market

➡ Court action ensures behavior is kept in check

Example 3 — Political rally leader inciting clashes

Heat of speeches could lead to mob violence

➡ Immediate preventive bond imposed

Example 4 — Personal enmity escalating to assault

Even before the first blow, if threat is real

➡ Law intervenes early

Section 125 protects society at the tipping point before chaos erupts.

✅ How this protects public peace

Without a preventive system:

• Police can only act after damage occurs

• Courts become overloaded with avoidable cases

• Victims suffer irreversible harm

Section 125:

✔ De-escalates tension

✔ Shields innocents from threats

✔ Gives police tools to maintain tranquility

✔ Reduces crime before it starts

It is proactive criminal justice.

✅ Safeguards against misuse

This is not a blank cheque for harassment.

Courts must:

• Ensure real and credible evidence exists

• Give accused person full right to explain

• Record detailed reasons for ordering security

• Use power sparingly

• Limit detention to achieving compliance

Magistrate must remember:

Preventive power protects citizens.

It must never become a tool for silencing dissent.

People cannot be targeted merely because:

✘ They belong to a particular community

✘ They have different political beliefs

✘ Police dislike them personally

Any preventive detention must satisfy Article 21 fairness and Article 19 freedoms.

✅ What if the person breaks the bond?

If conditions are violated:

• Bond is forfeited

• Monetary security may be seized

• Person may be jailed

• New proceeding can impose stricter conditions

Court intervention becomes stronger in second stage.

✅ Impact on society

For citizens

✅ Safety from habitual violent elements

✅ Less fear in communities

✅ Resolution without immediate criminal trial

For police

✅ More confidence to prevent riots/fights

✅ Lower risk of major crime escalation

For vulnerable groups

✅ Women, shopkeepers, lone individuals protected from intimidation

For accused

✅ Chance to correct behavior without criminal stigma

✅ Opportunity to avoid imprisonment

A preventive measure can save lives and repair relationships.

✅ Constitutional perspective

The Supreme Court has emphasized (in CrPC-era judgments):

• “Preventive jurisdiction is based on social defense.”

• “Reasonable and proportional restrictions are valid.”

• “Courts must keep fairness at the heart of procedure.”

The strongest principle:

Preventive power is not punishment.

It is a temporary restraint to secure peace.

BNSS retains this spirit.

✅ Summary in simple terms

BNSS Section 125 ensures:

✔ If someone is about to disturb peace, the state can restrain them

✔ Complaint does not need to become a full criminal case

✔ Behavior can be corrected without conviction

✔ Community harmony is protected proactively

✔ Police and court act as peacekeepers, not just case-handlers

One line understanding:

If violence is predictable, law intervenes preventively.

This is smart, modern, and security-conscious criminal policy.