The provision of “Security for Keeping the Peace and for Good Behaviour” has long been established under Indian law to ensure public order and individual safety. Historically governed under the Code of Criminal Procedure, 1973 (CrPC), these provisions have recently been updated under The Bharatiya Nagarik Suraksha Sanhita (BNSS) from Section 125 to 143,marking a shift toward a more comprehensive and effective legal framework. This article examines the legal foundations, recent updates, and practical applications of security provisions for maintaining peace and good behaviour, comparing the CrPC and BNSS frameworks to provide a current understanding.
Introduction to Security Provisions in Indian Law
Under both the CrPC and BNSS, security provisions serve as preventive measures. They empower authorities to take anticipatory action against individuals who are likely to disrupt public peace or exhibit harmful behaviour. These sections aim to prevent offenses before they occur by requiring specific individuals to execute a bond for good behaviour or to ensure peace.
| BNSS Section |
CrPC Section |
Subject |
Summary of Comparison |
| 125 |
106 |
Security for Keeping Peace on Conviction |
This section enables the Court of Session or a Magistrate of the First Class to take security from a person for keeping the peace by ordering them to execute a bond or bail bond, not exceeding three years if it is found that the person has committed or abetted any offense. |
| 126 |
107 |
Security for Keeping Peace in Other Cases |
This section permits an Executive Magistrate to take action if an individual is likely to disturb public tranquility. The Magistrate can require them to furnish security to keep the peace, not exceeding one year. |
| 127 |
108 |
Security for Good Behaviour from Persons Disseminating Certain Matters |
The Executive Magistrate may require such persons to show cause as to why they should not be required to execute a bond or bail bond for good behaviour, not exceeding one year. |
| 128 |
109 |
Security for Good Behaviour from Suspected Persons |
The Executive Magistrate may require such persons to show cause as to why they should not be required to execute a bond or bail bond for good behaviour, not exceeding one year. |
| 129 |
110 |
Security for Good Behaviour from Habitual Offenders |
The Executive Magistrate may require such persons to show cause as to why they should not be required to execute a bond or bail bond for good behaviour, not exceeding three years. |
| 130 |
111 |
Order to be Made |
If the Magistrate deems it necessary, they shall make an order in writing, including the substance of the information, the amount of the bond to be executed, the term, and the number of sureties, after considering the sufficiency and fitness of sureties. |
| 131 |
112 |
Procedure in Respect of Person Present in Court |
The order shall be read to the person, and if they desire, the order shall be explained to them. |
The security provisions for maintaining peace and ensuring good behaviour remain integral to the Indian criminal justice system. The BNSS has retained the core principles of CrPC but has introduced procedural efficiencies, greater clarity, and responsive measures for modern law enforcement needs. The provisions under BNSS serve to protect citizens while holding potential offenders accountable, and with these changes, the Indian legal system is better equipped to handle threats to public safety in a more effective and balanced manner.
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Written By– Palak Bhuwalka
Edited By– Archana Singh
