Section 126 BNSS: “Security for keeping the peace in other cases” — Scope, process, and practical tips

Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lets an Executive Magistrate require a person to execute a bond (with or without sureties) to keep the peace for up to one year when there is reliable information that the person is likely to cause a breach of peace or disturb public tranquillity (or do a wrongful act that may probably lead to such breach). It’s preventive, not punitive.

⚠️ Don’t confuse it with BNS §126. Section 126 of the Bharatiya Nyaya Sanhita (BNS) deals with wrongful restraint—a substantive offence. Our post is about BNSS §126, a procedural/ preventive measure.

What exactly does Section 126 say?

Under §126(1), if an Executive Magistrate receives information suggesting someone is likely to breach the peace, disturb public tranquillity, or do a wrongful act likely to lead to such breach, and opines there are sufficient grounds, the Magistrate may require that person to show cause why they should not be ordered to execute a bond (with or without sureties) to keep the peace for a period not exceeding one year.

§126(2) clarifies jurisdiction: proceedings may be taken before any Executive Magistrate either where the breach is apprehended or where the person concerned is found—even if the likely act may occur outside that jurisdiction. PRS Legislative Research+1

The official BNSS table of contents also places §126 in Chapter IX: Security for keeping the peace and for good behaviour, alongside the follow-on procedural sections (§§130–143) that govern orders, inquiry, bonds, and default. India Code

Where does §126 fit in the “preventive” scheme?

Chapter IX of BNSS has two big ideas:

1. Security for keeping the peace – on conviction (§125) and in other cases (§126).
2. Security for good behaviour – for specific risk categories (§§127–130).

After these grounds, the law lays down the procedure to be followed by the Magistrate:

§130 (Order to be made) → §131 (If person is present) → §132–134 (Summons/warrant; copy; dispensing personal attendance) → §135 (Inquiry as to truth of information) → §136 (Order to give security) → §137–143 (Discharge; bond period; contents; sureties; jail in default; release etc.). The BNSS text and clause notes confirm this flow. India CodePRS Legislative Research

How a typical §126 proceeding unfolds (step-by-step)

1. Information & opinion: Police or others bring information to the Executive Magistrate. If the Magistrate forms an opinion there’s sufficient ground, they proceed under §126. PRS Legislative Research
2. Show-cause order (§130): The Magistrate issues a written order stating the substance of the information and calling on the person to show cause why they shouldn’t be required to execute a bond. (If present in court, it’s read/explained; if not, a summons or warrant issues.) PRS Legislative Research
3. Copy & attendance (§§133–134): The person gets a copy; attendance may be dispensed with for good reason. PRS Legislative Research
4. Inquiry (§135): The Magistrate conducts an inquiry into the truth of the information—i.e., whether the apprehended breach is reasonably likely. (This is a quasi-judicial inquiry; not a trial of an offence.) India Code
5. Order to give security (§136): If satisfied, the Magistrate orders the person to execute a bond (with/without sureties) to keep the peace for a specified term (max 1 year). If not satisfied, the person is discharged (§137). India Code
6. Bond mechanics (§§138–140): The law covers when the bond period starts, its contents, and testing/rejecting sureties. India Code
7. Default & release (§§141–142): Failure to furnish the bond can lead to imprisonment in default; there’s also power to release a person imprisoned for failing to give security (e.g., on furnishing bond later). India Code

What standard is applied?

This is preventive justice. The Magistrate doesn’t decide guilt for an offence; they assess whether there is credible apprehension of breach of peace and whether a peace bond is warranted. The language mirrors earlier CrPC §107, and official comparative tables show no substantive change beyond renumbering (CrPC §107 → BNSS §126). thelawadvice.comUttar Pradesh Policehttps://www.taxmann.com

Key features at a glance

• Who initiates? Usually the police (via reports) or any person providing information. The Executive Magistrate decides whether to proceed. PRS Legislative Research
• Maximum duration: Up to one year per order under §126. PRS Legislative Research
• Sureties? With or without sureties, at the Magistrate’s discretion. PRS Legislative Research
• Jurisdiction: Either the place where breach is apprehended or where the person is found. PRS Legislative Research
• Nature: Preventive, not punitive—meant to avert a breach, not punish past conduct. (The BNSS’s clause notes underline the preventive aim.) PRS Legislative Research

Examples of when §126 is used

• Neighbourhood flare-ups that have repeatedly escalated and now threaten to spill over.
• Local rivalries (e.g., market-stall disputes) where scuffles are becoming frequent and police report a real chance of renewed violence.
• Group tensions after a provocative incident where public tranquillity is at risk.

These are illustrative; each case rests on information placed before the Magistrate and the inquiry that follows. PRS Legislative Research

Rights and remedies for the person proceeded against

• Know the grounds: The show-cause order must state the substance of the information. You’re entitled to a copy. PRS Legislative Research
• Be heard: There’s an inquiry into the truth of the information (§135). You can contest the allegations and lead evidence. India Code
• Proportionality: Bond amount/conditions should be reasonable for the purpose of keeping the peace (see §§139–140). India Code
• Appeal: BNSS explicitly provides an appeal from orders requiring security or rejecting sureties (see §414). Writ and revisional jurisdictions may be available depending on facts. India Code

Common questions

1) Is a §126 proceeding a criminal case?

It’s a preventive proceeding—not a conviction for an offence. It aims to avert a breach of peace. However, default in furnishing the bond can lead to custody, and the order is appealable. India Code

2) How long can the bond last?

Not more than one year under §126. (Different limits apply to certain good-behaviour bonds under §§127–129.) PRS Legislative ResearchIndia Code

3) Can a Magistrate demand sureties?

Yes—with or without sureties, depending on the case. Sureties can be rejected if found unfit (§140). PRS Legislative ResearchIndia Code

4) Is §126 new?

No. It essentially re-numbers CrPC §107 in the BNSS framework. Comparative charts by official/authoritative bodies show no change in substance. BPRDthelawadvice.com

Practical tips (for both sides)

• Police/complainants: Document facts showing likelihood of breach—prior incidents, threats, fresh triggers. The stronger the material, the more likely an order will stand at inquiry stage.
• Persons proceeded against: Ask for the order copy, participate in the inquiry, bring witnesses/call records/CCTV; seek reasonable bond terms if the Magistrate is inclined to proceed. Consider appeal if the order is excessive or unsupported. PRS Legislative ResearchIndia Code

BNSS §126 empowers Executive Magistrates to nip breaches of peace in the bud by taking peace bonds (max 1 year) after a show-cause + inquiry process. It’s preventive, rooted in the State’s duty to maintain public order, and substantively continues the earlier CrPC §107 regime with renumbering under BNSS. PRS Legislative ResearchIndia Codethelawadvice.com

Sources:

• BNSS (official text & clause notes) – PRS PDF: §126 text and Chapter IX notes. PRS Legislative Research+2PRS Legislative Research+2
• India Code (official site) – Chapter IX section list (showing §§126, 130–143) and appeals (§414). India Code
• Comparative tables – Mapping CrPC §107 → BNSS §126 (no substantive change). thelawadvice.comUttar Pradesh Police