Section 127 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Security For Good Behaviour From Persons Disseminating Certain Matters.

Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 127

Code:

Section 127 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Explanation:

This section empowers Executive Magistrates to take preventive action against individuals who are suspected of engaging in activities that could lead to public disorder or disturbance of peace. Specifically, it allows the Magistrate to require such individuals to furnish a bond for their good behavior if they:

• Disseminate or attempt to disseminate information that could incite violence, hatred, or unrest (as defined under Sections 150, 194, 195, and 297 of the Bhartiya Nyaya Sanhita, 2023).
• Spread defamatory or intimidating information about a judge performing their official duties (as defined under the Bhartiya Nyaya Sanhita, 2023).
• Create, distribute, or circulate obscene content as defined in Section 292 of the Bhartiya Nyaya Sanhita, 2023.

The Magistrate can require the individual to provide a bond, with or without sureties, for a period not exceeding one year. This bond ensures the individual’s good behavior and prevents them from engaging in the aforementioned activities. Here is an illustration on what security for good behaviour from persons disseminating certain matters deals with:

Illustration:

Imagine a person is distributing pamphlets containing hate speech targeting a particular community, inciting violence and hatred. The Executive Magistrate, upon receiving information about this activity, could invoke Section 127 to require the individual to furnish a bond to ensure they stop spreading such inflammatory content.

Common Questions and Answers: on Security For Good Behaviour From Persons Disseminating Certain Matters

• Q: What is the purpose of Section 127?
  A: It is a preventive measure aimed at maintaining public order and preventing potential threats to peace.
• Q: Can Section 127 be used to stifle free speech?
  A: No, it must be used cautiously. Also, when there is a genuine threat of public disorder or disturbance of peace.
• Q: How is the Magistrate’s opinion of “sufficient ground” determined?
  A: The Magistrate should consider the nature of the information. Additionally, the potential for harm and other relevant factors in making this determination.
• Q: What happens if the individual refuses to provide a bond?
  A: The Magistrate can take further legal action, potentially leading to arrest or other penalties.