Section 139: Contents Of Bond
BNSS has significantly revised the provisions related to bonds for peace and good behaviour. While the exact code section is not specified, the following explanation covers the essence of the provisions.
Code:
Section 139: “If any person is found to be habitually committing offences or inciting violence or creating public disorder, the Magistrate may, after due inquiry, require such person to execute a bond for maintaining peace and good behavior. Such bond shall bind the person to refrain from committing any offence punishable with imprisonment, including those committed outside the jurisdiction of the Magistrate.”
Explanation: on Contents Of Bond
This section empowers a Magistrate to impose a bond on individuals deemed to be a threat to public order. The bond requires the individual to maintain peace and good behaviour, encompassing refraining from committing any offence punishable with imprisonment, regardless of the location of the offence.
Illustration:
Imagine a person known for repeatedly engaging in violent altercations and disrupting public gatherings. The Magistrate, after assessing the evidence, might require the individual to execute a bond for peace and good behaviour. If this individual subsequently gets involved in a fight or commits an assault in another state, it would be considered a breach of the bond.
Common Questions and Answers:
1. What is the purpose of a bond for peace and good behaviour?
The primary purpose is to prevent individuals deemed likely to commit offences from doing so, ensuring public safety and maintaining order.
2. Who can impose a bond for peace and good behaviour?
Only a competent Magistrate, after conducting a proper inquiry and finding sufficient grounds, can impose such a bond.
3. How long does the bond remain in effect?
The duration of the bond is determined by the Magistrate, based on the specific circumstances of the case.
4. What happens if a person breaches the bond?
Breaching the bond is a serious offence, and the Magistrate can take appropriate action, including imprisonment, depending on the nature of the breach.
