SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CHAPTER IX

125. Security for keeping peace on conviction
126. Security for keeping peace in other cases
127. Security for good behavior from persons disseminating certain matters 128. Security for good behavior from suspected persons
129. Security for good behaviour from habitual offenders
130. Order to be made
131. Procedure in respect of person present in Court
132. Summons or warrant in case of person not so present
133. Copy of order to accompany summons or warrant
134. Power to dispense with personal attendance
135. Inquiry as to truth of information
136. Order to give security
137. Discharge of person informed against
138. Commencement of period for which security is required
139. Contents of bond
140. Power to reject sureties
141. Imprisonment in default of security
142. Power to release persons imprisoned for failing to give security
143. Security for unexpired period of bond

A. Basic Prelims Questions-Answers

B. Statement based/Assertion-Reason practise Question-Answers

C. BONUS

30 preliminary-style questions for Chapter IX: Security for Keeping the Peace and for Good Behaviour (Sections 125–143) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The answer key is provided at the end of the document.

Chapter IX: Smart Prelims Practice Set

I. Security for Keeping the Peace (Sections 125–126)

1. Under Section 125, which of the following Courts is NOT empowered to order a person to execute a bond for keeping the peace upon conviction?
A) High Court
B) Court of Session
C) Magistrate of the first class
D) Magistrate of the second class

2. What is the maximum period for which a bond for keeping the peace can be required from a person convicted under Section 125?
A) One year
B) Two years
C) Three years
D) Five years

3. An Executive Magistrate may act under Section 126 if he receives information that a person within his jurisdiction is likely to:
A) Disseminate seditious matters
B) Commit a breach of the peace
C) Commit a non-bailable offence
D) Abscond to avoid arrest

4. Under Section 126, the maximum period for a bond to keep the peace required by an Executive Magistrate is:
A) Six months
B) One year
C) Two years
D) Three years

II. Security for Good Behaviour (Sections 127–129)

5. Section 127 mandates security for good behaviour from persons disseminating matters punishable under which sections of the BNS, 2023?
A) Sections 103 to 105
B) Sections 152, 196, 197, or 299
C) Sections 303 and 305
D) Section 111

6. Regarding Section 127, which authority must authorize proceedings against the editor or publisher of a registered publication before an Executive Magistrate can act?
A) The High Court
B) The District Magistrate
C) The State Government or an empowered officer
D) The Press Council of India

7. An Executive Magistrate may require a bond for good behaviour under Section 128 if a person is found:
A) Habitually protecting thieves
B) Taking precautions to conceal their presence to commit a cognizable offence
C) Disseminating obscene matter
D) Committing an affray

8. Which of the following is NOT listed as a "habitual offender" category under Section 129?
A) A habitual robber or house-breaker
B) A habitual receiver of stolen property
C) A person who habitually commits breaches of the peace
D) A person who commits a single act of petty theft

9. What is the maximum duration for a bond of good behaviour required from a habitual offender under Section 129?
A) One year
B) Two years
C) Three years
D) Six months

III. Procedural Nuances (Sections 130–135)

10. Every order made by a Magistrate to "show cause" under Section 130 must be:
A) A verbal command recorded in the diary
B) In writing, setting forth the substance of information and bond details
C) Issued only after a warrant is executed
D) Published in a local newspaper

11. If a person is present in Court when an Executive Magistrate acts under Section 126 or 127, the Magistrate shall:
A) Issue a fresh summons
B) Read or explain the order to the person
C) Immediately commit them to prison
D) Dispense with the inquiry

12. When a Magistrate believes immediate measures are necessary to prevent a breach of peace during an inquiry, they may act under Section 135(3) to:
A) Terminate the proceedings
B) Direct the person to execute an interim bond
C) Attach the person's property
D) Sentence the person to simple imprisonment

13. According to Section 135(6), the inquiry into the truth of information must generally be completed within:
A) Three months
B) Six months
C) Nine months
D) One year

14. If a Section 135 inquiry is not completed within six months, the proceedings shall:
A) Be transferred to a Judicial Magistrate
B) Stand terminated unless extended for special reasons
C) Result in a deemed conviction
D) Be restarted de novo

15. Case Law Nuance: According to Uchhaba Jena v. Kunjabehari, the statutory period for completing an inquiry begins when:
A) Information is first received
B) The show-cause order is issued
C) The Magistrate proceeds to enquire with reference to evidence after parties appear
D) The bond is signed

IV. Bonds, Sureties, and Default (Sections 136–143)

16. Under Section 139, the commission, attempt, or abetment of any offence punishable with _____ constitutes a breach of a bond for good behaviour.
A) Fine only
B) Imprisonment
C) Death
D) Forfeiture of property

17. If a person is ordered by a Magistrate to give security for more than one year and fails to do so, Section 141(2) requires the Magistrate to:
A) Release them with a warning
B) Detain them in prison pending the orders of the Sessions Judge
C) Forfeit their property immediately
D) Increase the bond amount

18. Imprisonment for failure to give security for keeping the peace (under S. 125 or 126) shall always be:
A) Rigorous
B) Simple
C) Solitary confinement
D) Either simple or rigorous at the Court's discretion

19. For failure to give security for good behaviour under Section 129 (Habitual Offenders), the imprisonment may be:
A) Simple only
B) Rigorous only
C) Rigorous or simple as the Court or Magistrate directs
D) Limited to 6 months

20. Who has the power to release a person imprisoned for failing to give security if they are of the opinion that the release involves no hazard to the community?
A) The High Court only
B) The Superintendent of Police
C) The District Magistrate or Chief Judicial Magistrate
D) The State Government

V. Assertion, Reasoning, and Logic

21. Assertion (A): A Magistrate may dispense with the personal attendance of a person called to show cause.
Reason (R): Section 134 provides this discretion if the person is represented by an advocate and sufficient cause exists.
A) Both A and R are true, and R is the correct explanation.
B) Both A and R are true, but R is not the correct explanation.
C) A is true, R is false.
D) A is false, R is true.

22. Assertion (A): The power to extend the 6-month inquiry period under Section 135(6) is unlimited.
Reason (R): Judicial precedents like Subas Rai v. State clarify that after the expiry of the statutory period, the court has no power to extend it.
A) A is true, R is false.
B) A is false, R is true.
C) Both are true.
D) Both are false.

23. Under Section 140, a Magistrate may refuse to accept a surety if:
A) The surety is not a relative.
B) The surety is unfit for the purposes of the bond.
C) The surety resides outside the state.
D) The surety is over 60 years old.

24. If a surety for a bond for keeping the peace wishes to be discharged, what action can the Magistrate take under Section 143?
A) Refuse the request.
B) Issue a warrant to bring the person to Court to provide fresh security.
C) Fine the surety.
D) Release the person from the bond entirely.

25. Statement I: Security on conviction (S. 125) applies to offences against the State.
Statement II: Security on conviction (S. 125) applies to offences involving a breach of the peace.
A) Only I is correct
B) Only II is correct
C) Both I and II are correct
D) Neither is correct

26. According to Section 138, the period for which security is required shall commence from _____ if the person is already in prison.
A) The date of the order
B) The date the bond is signed
C) The date of the expiration of the sentence
D) The date of arrest

27. For a bond under Section 125, who determines the amount of the bond and number of sureties?
A) The State Government
B) The High Court
C) The Court passing the sentence
D) The District Magistrate

28. True or False: Under Section 126, an Executive Magistrate can take action even if the place where the breach of peace is apprehended is outside his local jurisdiction, provided the person is within his jurisdiction.

[True - (S. 126(2))]

29. The "preventive justice" nature of Section 126 was highlighted in which case?
A) Lalita Kumari v. Govt. of U.P.
B) Prakash Chand Sachdeva v. State
C) Vinubhai Haribhai v. State of Gujarat
D) Deepak Aggarwal v. Keshav Kaushik

30. Under Section 142(9), which authority has the power to cancel a bond for keeping the peace for "sufficient reasons"?
A) Any Executive Magistrate
B) High Court or Court of Session
C) Only the District Magistrate
D) The Superintendent of Police

Answer Key

D (Magistrate 2nd Class is not empowered)
C (Three years)
B (Breach of peace/public tranquillity)
B (One year)
B (Seditious/hateful matters)
C (State Government)
B (Concealing presence to commit cognizable offence)
D (Single petty acts are not "habitual")
C (Three years for habitual offenders)
B (In writing with substance of info)
B (Read/explained to the person)
B (Execute an interim bond)
B (Six months)
B (Stand terminated unless extended)
C (Appearance + Evidence stage)
B (Any offence punishable with imprisonment)
B (Detained pending Sessions Judge's order)
B (Simple imprisonment)
C (Rigorous or simple)
C (DM or CJM)
A (Ref S. 134)
B (Power must be exercised within the period)
B (Unfit for the purpose)
B (Warrant to find fresh security)
C (Ref S. 125(2))
C (Expiration of sentence)
C (The sentencing Court)
True (Ref S. 126(2))
B (Ref S. 126 notes)
B (High Court or Court of Session)

Based on Chapter IX (Security for Keeping the Peace and for Good Behaviour) of the Nagarik Suraksha Sanhita, 2023 (BNSS), here are 10 problem-based scenario questions for your preliminary examination practice.

BNSS Chapter IX: Problem-Based Practice Set

Q1. 'A' is convicted of criminal force (assault) by a Magistrate of the second class. In his judgment, the Magistrate, believing 'A' is likely to commit further breaches of peace, orders 'A' to execute a bond for keeping the peace for one year. Is this order valid under the BNSS?

A) Yes, all Magistrates have the power to order such bonds upon conviction.

B) No, only the Court of Session or a Magistrate of the first class is empowered to pass such an order.

C) Yes, but only if the Magistrate obtains prior permission from the CJM.

D) No, because bonds for keeping the peace can only be ordered by Executive Magistrates.

Q2. An Executive Magistrate in Shimla receives credible information that 'B', who is currently residing in Manali (outside the Shimla jurisdiction), is planning to return to Shimla next week to forcibly occupy a disputed property, which is likely to cause a riot. Can the Shimla Magistrate initiate proceedings under Section 126?

A) No, proceedings can only be initiated against a person residing within the jurisdiction.

B) Yes, as long as the place where the breach of peace is apprehended (Shimla) falls within his local jurisdiction.

C) No, he must request the Executive Magistrate of Manali to take action.

D) Yes, but only if 'B' is a habitual offender.

Q3. An inquiry into the truth of information under Section 135 was commenced against 'C' on January 1, 2024. On August 15, 2024, the inquiry is still ongoing, and the Magistrate has not passed any written order for an extension. What is the legal status of these proceedings?

A) The proceedings are valid until the Magistrate reaches a final conclusion.

B) The proceedings stand terminated by operation of law upon the expiry of six months.

C) The Magistrate has another 45 days to conclude the case before it expires.

D) The case is automatically transferred to the Chief Judicial Magistrate.

Q4. During a pending inquiry under Section 135, the Magistrate believes that immediate measures are necessary to prevent a breach of public tranquillity before the inquiry concludes. He directs 'D' to execute an interim bond. 'D' refuses to comply. What is the Magistrate’s power in this scenario?

A) He can sentence 'D' to three months of rigorous imprisonment immediately.

B) He can forfeit 'D’s property.

C) He may detain 'D' in custody until the bond is executed or the inquiry is concluded.

D) He cannot take any action until the main inquiry is completed.

Q5. 'E' is a habitual thief and a receiver of stolen property. After a proper inquiry, an Executive Magistrate requires 'E' to give security for his good behaviour. For what maximum period can the Magistrate require 'E' to be bound by such a bond?

A) One year

B) Two years

C) Three years

D) Five years

Q6. 'F' is the editor of a registered local newspaper. An Executive Magistrate receives information that 'F' is intentionally disseminating matters that promote enmity between different religious groups. Before taking action under Section 127, what is the mandatory requirement for the Magistrate?

A) He must obtain a warrant from the High Court.

B) He must act only under the authority or order of the State Government or an empowered officer.

C) He must wait for a formal FIR to be filed by the victim.

D) He must consult with the Press Council of India.

Q7. 'G' is ordered by an Executive Magistrate to provide security for keeping the peace under Section 126. 'G' fails to furnish the required security and is committed to prison. Under the law, what must be the nature of his imprisonment?

A) Rigorous

B) Simple

C) Solitary confinement

D) Either simple or rigorous, at the Magistrate's discretion

Q8. 'H' is currently serving a one-year sentence in jail for theft. While in jail, he is convicted in another trial for assault, and the Court orders him under Section 125 to execute a bond for keeping the peace for three years. When does this three-year period commence?

A) Immediately from the date of the new order.

B) From the date 'H' signs the bond in jail.

C) Upon the expiration of the one-year sentence 'H' is currently serving.

D) From the date 'H' was first arrested for the theft case.

Q9. A Magistrate accepts 'J' as a surety for a good behaviour bond. Later, after holding an inquiry on oath, the Magistrate finds that 'J' has multiple pending criminal cases and is therefore unfit for the purpose of the bond. What is the Magistrate's legal obligation?

A) He must immediately forfeit the principal's bond.

B) He must record his reasons and refuse to accept or reject the surety.

C) He must fine 'J' for providing false information.

D) He must release the principal on a personal bond without any surety.

Q10. 'M' has stood as a surety for the peaceable conduct of 'L'. After several months, 'M' no longer wishes to be bound and applies to the Court to cancel the bond. What action will the Court take?

A) It will refuse the application if the bond period hasn't expired.

B) It will fine 'M' for withdrawing his support.

C) It will issue a summons or warrant to bring 'L' before it to provide fresh security.

D) It will automatically discharge 'L' from all further obligations.

Answer Key

B (Section 125 limits this power to Sessions and JM1)
B (Section 126(2) provides jurisdiction based on the place of apprehended breach)
B (Section 135(6) mandates termination after 6 months if not extended)
C (Section 135(3) allows detention for failure to provide an interim bond)
C (Section 129 allows up to 3 years for habitual offenders)
B (Section 127(2) provides special protection for registered publications)
B (Section 141(7) specifies imprisonment for peace bonds must be simple)
C (Section 138 states the period starts after the substantive sentence expires)
B (Section 140(1) requires reasons for rejection based on an inquiry)
C (Section 143(1) and (10) provide for the discharge of sureties and finding replacements)

BONUS

Ready Reckoner

This ready reckoner provides a comprehensive overview of Chapter IX (Sections 125–143) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which details the legal mechanisms for maintaining public order through security bonds.

1. Authority and Grounds for Demanding Security

Section 125 (Security on Conviction): The Court of Session or a Magistrate of the first class may order a person convicted of specific offences (such as those involving a breach of peace or abetment) to execute a bond for a period not exceeding three years.
Section 126 (Security in Other Cases): An Executive Magistrate may require security for a period not exceeding one year if they receive information that a person within their jurisdiction is likely to commit a breach of peace or disturb public tranquillity.
Section 127 (Security from Persons Disseminating Certain Matters): An Executive Magistrate can demand a bond for good behaviour for up to one year from persons intentionally disseminating seditious, hateful, or intimidating matter related to specific sections of the BNS.
Section 128 (Security from Suspected Persons): An Executive Magistrate may require a bond for good behaviour for a maximum of one year from persons taking precautions to conceal their presence with a view to committing a cognizable offence.
Section 129 (Security from Habitual Offenders): An Executive Magistrate is empowered to demand security for good behaviour for a period not exceeding three years from habitual offenders, such as robbers, thieves, or those habitually committing breaches of the peace.

2. Initiation and Procedural Roadmap

The Show-Cause Order (S. 130): The Magistrate must make a written order setting forth the substance of the information received, the bond amount, the term, and the number/fitness of required sureties.
Presence in Court (S. 131): If the person is already present, the order must be read or explained to them.
Non-Presence (S. 132): If the person is not present, the Magistrate issues a summons or, if an immediate arrest is deemed necessary to prevent a breach of peace, a warrant.
Dispensing Attendance (S. 134): The Magistrate may permit the person to appear through an advocate if sufficient cause is shown.

3. The Inquiry Phase (Section 135)

Standard of Inquiry: Conducted similarly to a summons-case trial.
Statutory Time Limit: The inquiry must be completed within six months from its commencement.
Commencement Definition: Per case law (Uchhaba Jena v. Kunjabehari), the inquiry commences when the Magistrate, after the appearance of parties, proceeds to inquire with reference to evidence.
Extension: Proceedings stand terminated after six months unless the Magistrate directs otherwise for special reasons recorded in writing.
Interim Bonds: During the inquiry, the Magistrate can direct the execution of a bond for keeping the peace or good behaviour; failure to comply can lead to detention until the inquiry ends.

4. Bond Execution and Sureties

Commencement (S. 138): If the person is already in prison for a different sentence, the bond period begins upon the expiration of that sentence.
Contents (S. 139): The bond binds the person to keep the peace or maintain good behaviour. A breach occurs if the person commits, attempts, or abets any offence punishable with imprisonment.
Rejection of Sureties (S. 140): A Magistrate can refuse or reject a surety if found "unfit" after an inquiry held on oath.

5. Default and Default Imprisonment (Section 141)

If the required security is not provided, the person is committed to prison with the following regulations:

Referral to Higher Court: If the required period exceeds one year, the Magistrate must detain the person and lay the proceedings before the Court of Session.
Nature of Imprisonment:
- For keeping the peace (S. 125/126) and disseminating matters (S. 127): Must be Simple.
- For suspected/habitual offenders (S. 128/129): Can be Rigorous or Simple at the Court's discretion.

6. Power of Release and Cancellation

Early Discharge (S. 142): The District Magistrate (for EM orders) or the Chief Judicial Magistrate can release a person imprisoned for default if the release poses no hazard to the community.
Cancellation Power (S. 142(9)): The High Court or Court of Session may cancel any bond for "sufficient reasons" recorded in writing.
Discharge of Sureties (S. 143): A surety may apply to be discharged, prompting the Magistrate to issue a warrant to bring the person to Court to provide fresh security.

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CHAPTER IX

CONTENTS