Section 128 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 128 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers an Executive Magistrate to take preventive action against individuals suspected of preparing to commit a cognizable offense. This provision is designed to enhance public safety by addressing potential threats before they materialize into actual crimes.
๐ Text of Section 128
Section 128 โ Security for good behaviour from suspected persons
When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
โ๏ธ Legal Significance
Section 128 serves as a preventive measure, allowing authorities to intervene before a crime is committed. By requiring individuals to provide a bond for good behaviour, it aims to deter potential offenders and maintain public order. This provision is particularly relevant in cases where there is credible information about an individual's intent to commit a cognizable offense but insufficient evidence to take immediate legal action.
๐ Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 128 of the BNSS is analogous to Section 109 of the Indian Penal Code (IPC), which deals with the security for good behaviour from suspected persons. Both provisions empower Executive Magistrates to take preventive action against individuals suspected of preparing to commit a cognizable offense. However, it's important to note that the BNSS has replaced the Cr.P.C., and thus, Section 128 operates within the framework of the new legislation.
๐งพ Practical Application
Preventive Action: If an Executive Magistrate receives credible information that an individual is concealing their presence with the intent to commit a cognizable offense, the Magistrate can issue a notice requiring the person to show cause why they should not be ordered to execute a bond for good behaviour.
Duration of Bond: The bond for good behaviour can be for a period not exceeding one year, as determined by the Magistrate.
Scope of Application: This provision applies within the local jurisdiction of the Executive Magistrate who receives the information.
RELATED Blog
0 comments