Section 126: Security for Keeping the Peace in Other Cases

Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers an Executive Magistrate to take preventive action against a person who is likely to breach the peace or disturb public tranquillity. The Magistrate may issue a show-cause notice and, after hearing, order the person to execute a bond (with or without sureties) for a period not exceeding one year to keep the peace. PRS Legislative Research

TL;DR (at a glance)

• Who can act? Executive Magistrate. PRS Legislative Research
• When? On information suggesting a person is likely to cause a breach of the peace, disturb public tranquillity, or do a wrongful act that may lead to such breach. PRS Legislative Research
• What order? Show-cause → possible bond to keep the peace (max 1 year). PRS Legislative Research
• Jurisdiction rule: Action is valid if the place of anticipated breach is within the Magistrate’s local jurisdiction or the person is found within it (even if the likely act is outside). PRS Legislative Research
• Nature: Preventive, not punitive; it does not amount to conviction. PRS Legislative Research

What the law says (in plain English)

If credible information indicates someone may imminently disturb the peace, an Executive Magistrate—upon deciding there’s sufficient ground to proceed—can call upon that person to show cause why they should not be required to execute a peace bond (with or without sureties) for a period up to one year. This power applies whether the expected disturbance is inside the Magistrate’s local area or the person is locally present though the incident may occur elsewhere. PRS Legislative Research+1

When is Section 126 typically used?

• Escalating neighbourhood or market disputes that risk turning violent.
• Rival group tensions during local events/processions likely to spark clashes.
• Individuals with a recent pattern of threats or provocations suggesting a real risk of public disturbance.

(Illustrative only; the Magistrate must evaluate “sufficient ground” case-by-case.) PRS Legislative Research

Procedure: from information to bond (step by step)

1. Information received & preliminary opinion
2. The Magistrate receives police reports/complaints or other credible inputs and forms an opinion to proceed under Section 126. PRS Legislative Research
3. Show-cause order (Section 130 BNSS)
4. A written order sets out the substance of information, the proposed bond amount, term, and number of sureties—this is served on the person concerned. latestlaws.com
5. Appearance & hearing (Sections 131–134 BNSS)

• If present, the order is read/explained; if not, summons/warrant may issue.
• A copy of the order must be supplied; personal attendance can be dispensed with in suitable cases. India Code

1. Inquiry & final order (Section 136 BNSS)
2. During inquiry, safeguards apply: bond amounts must be reasonable, cannot exceed what was stated in the show-cause order, and children cannot execute bonds personally (sureties only). If grounds are proved, the Magistrate orders execution of the peace bond. latestlaws.com
3. If security isn’t furnished or the bond is breached (Section 141 BNSS)
4. Failure to furnish the ordered security can lead to imprisonment in default (simple imprisonment for peace bonds), with overall statutory limits and supervision by the Sessions Court for longer periods. Breach of an already executed peace bond can also lead to detention for the bond period. Indian Kanoon+1

Note: BNSS provides a connected framework around Section 126—e.g., Section 125 (peace on conviction), Section 127–129 (good behaviour provisions), and the procedural chain Sections 130–142—which together regulate preventive security proceedings. India CodePRS Legislative Research

How is this different from the old CrPC?

Section 126 BNSS corresponds to Section 107 of the Code of Criminal Procedure (CrPC), 1973, with no substantive change in core intent or scope. It modernises terminology and numbering but retains the preventive purpose and one-year cap for peace bonds. BPRDlatestlaws.com

Courts interpreting CrPC Section 107 have laid down principles that continue to guide BNSS Section 126—for example, the need for a real, not remote, likelihood of breach of peace and proper application of mind by the Magistrate. Advocate Tanwar

Practical examples (illustrative)

• Market rivalry: Two shop groups with recent scuffles; police inputs show tensions rising. Magistrate issues show-cause and, after hearing, directs a 6-month bond to keep the peace. PRS Legislative Research
• Community event: Procession route dispute with inflammatory exchanges online; participants asked to execute peace bonds before the event to prevent clashes. PRS Legislative Research

FAQs

1) Is Section 126 a criminal charge or punishment?

No. It’s preventive, not a conviction. The aim is to avert disturbances by securing a promise (bond) to keep the peace. PRS Legislative Research

2) Do police need to register an FIR first?

Not necessarily. The Magistrate can act on “information” (police reports, complaints, etc.) if satisfied there’s sufficient ground to proceed. PRS Legislative Research

3) What’s the maximum duration of a peace bond?

Up to one year under Section 126. PRS Legislative Research

4) What if I can’t arrange sureties or don’t furnish the bond?

BNSS Section 141 permits imprisonment in default (simple imprisonment for peace bonds), subject to statutory caps and review by the Sessions Judge for longer terms. Indian Kanoon

5) Can the Magistrate act if the likely breach is outside their area?

Yes, if either the place of apprehended breach is within local jurisdiction or the person is present within that jurisdiction (even if the likely act is elsewhere). PRS Legislative Research

Key takeaways for readers

• Section 126 BNSS is a preventive safety-valve for public order.
• It relies on a show-cause + hearing + reasonable bond framework with clear safeguards.
• It mirrors CrPC Section 107, so prior judicial guidance remains relevant. BPRDlatestlaws.comAdvocate Tanwar

Educational only, not legal advice. For specific situations, consult a qualified advocate.

Sources & further reading:

• Official BNSS text (Section 126) — PRS copy of the Act (pages 36–37). PRS Legislative Research+1
• BNSS clause notes on Chapter IX (overview of 125–134). PRS Legislative Research
• Government/handbook comparisons mapping BNSS 126 ↔ CrPC 107 (no change). BPRDlatestlaws.com
• Default-of-security consequences under Section 141 BNSS. Indian Kanoon