Section 127 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 127 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the security for good behaviour from persons disseminating certain matters. Here's an overview:
📜 Section 127: Security for Good Behaviour from Persons Disseminating Certain Matters
Sub-section (1): Grounds for Action
An Executive Magistrate may take action if:
Dissemination of Certain Matters: A person intentionally disseminates, attempts to disseminate, or abets the dissemination of:
Any matter the publication of which is punishable under sections 152, 196, 197, or 299 of the Bharatiya Nyaya Sanhita, 2023; or
Any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023.
Obscene Matter: A person makes, produces, publishes, or puts into circulation any obscene matter as referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023.
If the Magistrate believes there is sufficient ground, they may require the person to show cause why they should not be ordered to execute a bond for good behaviour for a period not exceeding one year. (
Sub-section (2): Protection for Media Personnel
No proceedings shall be taken under this section against the editor, proprietor, printer, or publisher of any publication registered under, and edited, printed, and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, except by the order or under the authority of the State Government or an officer empowered by the State Government in this behalf.
⚖️ Legal Context
Objective: This section aims to prevent the dissemination of materials that could harm public order, defame individuals, or spread obscenity.
Comparison with Cr.P.C.: Section 127 of the BNSS is analogous to Section 108 of the Indian Penal Code (IPC), which deals with security for good behaviour from persons disseminating seditious matters.
🧾 Practical Implications
Preventive Measure: The provision serves as a preventive tool, allowing authorities to take action before any actual harm is caused.
Judicial Oversight: The requirement for a Magistrate's opinion ensures judicial oversight in matters affecting individual freedoms.
Media Safeguard: The protection for media personnel ensures that legitimate journalistic activities are not unduly hindered.
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