Ensuring peace and good conduct

The Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as “the BNSS”) marks a significant overhaul of India's criminal law framework. One of the critical aspects of this new legislation is the provisions related to security for keeping the peace and for good behaviour.

These provisions have been made to ensure public safety by empowering authorities to take preventive measures against individuals who pose a threat to peace and order. By establishing a legal mechanism for maintaining public tranquility, the BNSS aims to address modern security challenges while balancing individual rights and community welfare.

What authority does a Court of Session or a Magistrate of the first class have regarding taking security from a person convicted of certain offences?

When a Court of Session or a Magistrate of the first class convicts a person of specific offences or of abetting such offences and believes it necessary to ensure the person keeps the peace, the court may order the convicted person to execute a bond or bail bond for maintaining peace for a period not exceeding 3 years.

What types of offences necessitate taking security for keeping the peace?

The offences that necessitate taking security include:

• Offences against the public tranquility.
• Offences involving assault, criminal force, mischief, or criminal intimidation.
• Offences intended or likely to cause a breach of the peace.

What happens to the bond if the conviction is overturned?

If the conviction is set aside on appeal or otherwise, the bond or bail bond executed for keeping the peace becomes void.

Can an Appellate Court also require a person to execute a bond for keeping the peace?

Yes, an Appellate Court or a Court exercising its powers of revision can also order a person to execute a bond for keeping the peace.

Under what circumstances can an Executive Magistrate require a person to execute a bond for keeping the peace?

An Executive Magistrate can require a person to execute a bond for keeping the peace if there is sufficient information that the person is likely to commit a breach of the peace or disturb public tranquility or engage in wrongful acts likely to cause such disturbances.

What actions can trigger an Executive Magistrate to require a person to show cause for good behaviour?

An Executive Magistrate may require a person to show cause for good behaviour if the person intentionally disseminates or abets the dissemination of certain punishable matters, or if the person engages in activities related to obscene materials, criminal intimidation, or defamation of a Judge.

Are there any exemptions for editors, proprietors, printers, or publishers?

Yes, proceedings cannot be initiated against editors, proprietors, printers, or publishers of any publication registered under the Press and Registration of Books Act, 1867, except by order or authority of the State Government.

When can an Executive Magistrate require a person to execute a bond for good behaviour due to suspected criminal intentions?

An Executive Magistrate can require a person to execute a bond for good behaviour if there is information that the person is concealing their presence with the intention of committing a cognizable offence.

What types of habitual offenders can be required to execute a bond for good behaviour?

Habitual offenders required to execute a bond include those who habitually commit crimes like robbery, theft, forgery, harbouring thieves, kidnapping, abduction, extortion, cheating, and other offences listed under specific Acts.

What must a Magistrate include in an order to show cause for requiring security for good behaviour?

The Magistrate must set forth the substance of the information received, the bond amount, the term of enforcement, and the number of sureties after assessing their sufficiency and fitness.

What is the procedure if a person required to show cause is present in court?

If the person is present in court, the order must be read over to them, or if requested, the substance of the order must be explained to them.

What happens if a person required to show cause is not present in court?

The Magistrate shall issue a summons for the person to appear, or if the person is in custody, a warrant directing the officer in charge to bring them before the court.

What accompanies a summons or warrant?

A copy of the order must accompany the summons or warrant, and it must be delivered to the person being served or arrested.

Can a Magistrate dispense with personal attendance in proceedings requiring a bond for keeping the peace?

Yes, the Magistrate can dispense with personal attendance if there is sufficient cause and may permit the person to appear through an advocate.

How does a Magistrate conduct an inquiry into the truth of the information received?

The Magistrate conducts an inquiry into the truth of the information, following procedures similar to those for conducting trials and recording evidence in summons cases, and may direct the execution of a bond or bail bond if immediate measures are necessary.

What must be proven during an inquiry for requiring security?

It must be proven that the person is a habitual offender, dangerous, or poses a risk to public safety, and such proof can be based on general repute or other evidence.

What is the maximum duration for completing an inquiry?

The inquiry must be completed within 6 months from the date of commencement unless the Magistrate records special reasons for extending the period.

What happens if the inquiry is not completed within 6 months?

If not completed within 6 months, the proceedings terminate unless the Magistrate records special reasons to continue.

What should a Magistrate do if the inquiry proves the need for security?

If the inquiry proves the necessity for security, the Magistrate shall order the person to execute a bond or bail bond.

What occurs if the inquiry does not prove the need for security?

If the inquiry does not prove the need for security, the Magistrate shall discharge the person or release them from custody if they were detained solely for the inquiry.

When does the period for which security is required, commence?

If the person is already serving a sentence, the security period starts after the sentence expires; otherwise, it commences from the date of the order unless a later date is fixed by the Magistrate.

What must be included in the bond or bail bond?

The bond or bail bond must bind the person to keep the peace or maintain good behaviour, and any breach of these conditions constitutes a violation of the bond.

Can a Magistrate reject sureties offered for a bond?

Yes, a Magistrate can reject sureties if they are deemed unfit after conducting an inquiry and recording reasons for the decision.

What happens if a person fails to provide security?

If a person fails to provide security, they may be committed to prison until they comply or until the period for which security was required expires.

What power does the District Magistrate or Chief Judicial Magistrate have concerning persons imprisoned for failing to give security?

The District Magistrate or Chief Judicial Magistrate may order the release of a person imprisoned for failing to give security if it is deemed safe for the community or reduce the amount of security or duration required.

What conditions can be imposed on the release of a person imprisoned for failing to give security?

The release can be unconditional or subject to conditions, but any conditions imposed cease to be operative once the original security period expires.

What happens if a conditionally discharged person breaches the conditions of their release?

If a person breaches the conditions, they may be arrested without a warrant and remanded to prison for the unexpired portion of the original detention period unless security is provided.

Can a bond for keeping the peace or good behaviour be cancelled?

Yes, the High Court, Court of Session, District Magistrate, or Chief Judicial Magistrate can cancel a bond for sufficient reasons recorded in writing.

What recourse does a surety have if they want to cancel the bond for another person's peaceable conduct or good behaviour?

A surety may apply to the court to cancel the bond, and the court will issue a summons or warrant requiring the person for whom the surety is bound to appear or be brought before the court.

When may a person be required to provide security for an unexpired period of a bond?

If a person fails to appear as required under a summons or warrant, they may be required to provide security for the remaining period of the original bond.

Therefore, the provisions on security for keeping the peace and for good behaviour under the BNSS reflect a proactive approach to law enforcement in India. By emphasizing preventive measures, the legislation seeks to deter potential disturbances before they escalate, thereby contributing to a safer and more orderly society.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.

The contents of this article are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.