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Reading: Section 128 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Security For Good Behaviour From Suspected Persons.
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ApniLaw > Blog > Bare Act > BNSS > Section 128 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Security For Good Behaviour From Suspected Persons.
BNSS

Section 128 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Security For Good Behaviour From Suspected Persons.

Apni Law
Last updated: March 17, 2025 1:46 am
Apni Law
9 months ago
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Section 128 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Security For Good Behaviour From Suspected Persons
Section 128 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Security For Good Behaviour From Suspected Persons
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Code

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.

Contents
CodeExplanation:Illustration:Common Questions and Answers

Explanation:

This section empowers an Executive Magistrate to take preventive action against individuals suspected of planning a cognizable offense. If the Magistrate receives credible information that a person is concealing their presence and is likely doing so to commit a crime, they can order the individual to provide a bond for good behavior.

Illustration:

Imagine a local magistrate receives information that a group of individuals are gathering in a secluded location, behaving suspiciously, and attempting to avoid detection. The Magistrate, suspecting that they might be planning a violent attack or another serious crime, can invoke Section 128 and order the individuals to appear before them.

The Magistrate will then examine the situation and determine whether there is sufficient reason to believe the individuals are planning a cognizable offense. If so, the Magistrate can require them to provide a bond, with or without sureties, to ensure they maintain good behavior for a specified period, not exceeding one year.

Common Questions and Answers

  • Q: What is a “cognizable offense”?

A: A cognizable offense is a crime that is serious enough for the police to make an arrest without a warrant.

  • Q: Can anyone be subjected to this section?

A: No. The Magistrate must have credible information that a person is concealing their presence and is likely doing so to commit a cognizable offense. Mere suspicion is not enough.

  • Q: What happens if a person fails to provide a bond?

A: If the person fails to provide a bond, the Magistrate may take action, such as issuing a warrant for their arrest.

  • Q: What are the safeguards against misuse of this section?

A: This section is subject to judicial oversight and can be challenged in court. Individuals have the right to legal representation and can appeal the Magistrate’s decision.

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TAGGED:Cognizable OffenseCriminal LawCriminal Procedure CodeExecutive MagistrateGood Behaviour BondIndiaJurisdictionLaw EnforcementLegalPreventive DetentionSureties
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Next Article Section 131 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Procedure In Respect Of Person Present In Court Section 131 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure In Respect Of Person Present In Court.
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