Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers courts to require individuals convicted of certain offenses to provide security for maintaining peace. This provision aims to prevent future disturbances by individuals whose actions have previously threatened public order.
🔹 Section 125 – Security for Keeping the Peace on Conviction
1. Court's Authority to Order Security
When a Court of Session or a Magistrate of the First Class convicts a person of specific offenses or of abetting such offenses, and deems it necessary to ensure public peace, the court may order the convicted individual to execute a bond, with or without sureties, to keep the peace for a period not exceeding three years.
2. Offenses Covered
The offenses referred to include:
Any offense punishable under Chapter VIII of the Bharatiya Nyaya Sanhita (BNS), 2023, excluding offenses under sections 191, 194, or 195.
Offenses involving assault, criminal force, or mischief.
Offenses of criminal intimidation.
Any other offense that has caused, or was intended or likely to cause, a breach of the peace.
3. Effect of Conviction Being Set Aside
If the conviction is overturned on appeal or otherwise, the bond or bail bond executed under this section becomes void.
4. Applicability to Appellate and Revisional Courts
An order under this section can also be made by an Appellate Court or a Court exercising its powers of revision.
🔁 Comparison with the Indian Penal Code (IPC)
Section 125 of the BNSS corresponds to Section 106 of the Indian Penal Code (IPC), 1860. Both provisions grant courts the authority to require individuals convicted of certain offenses to provide security for maintaining peace. The intent is to prevent future breaches of peace by individuals whose past conduct has threatened public order.
⚖️ Purpose and Application
The primary objective of Section 125 is to act as a preventive measure. By mandating individuals convicted of specific offenses to provide security for keeping the peace, the law seeks to deter future disturbances and promote public order. This provision is particularly relevant in cases where the court believes that the individual may repeat actions that could disrupt societal harmony.
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