Bharatiya Nagarik Suraksha Sanhita (BNSS): Security For Good Behaviour From Habitual Offenders
This section empowers Executive Magistrates to take preventive measures against individuals deemed to be habitual offenders or pose a threat to public safety.
Code: Section 145 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Explanation
This section outlines the conditions under which an Executive Magistrate can require a person to provide surety for their good behaviour. This applies to individuals who habitually engage in criminal activities, including:
- Robbery, housebreaking, theft, forgery
- Receiving stolen property
- Protecting or harbouring thieves
- Habitually committing offences like kidnapping, abduction, extortion, cheating, or mischief
- Offences under Chapter XII of the Bhartiya Nyaya Sanhita, 2023
- Offences under sections 176, 177, 178, or 179 of the Bhartiya Nyaya Sanhita, 2023
- Offences involving breach of peace
- Offences under specific Acts like the Drugs and Cosmetics Act, Foreigners Act, Employees’ Provident Fund Act, Essential Commodities Act, Protection of Civil Rights Act, Customs Act, Food Safety and Standards Act, etc.
- Offences punishable under other laws pertaining to hoarding, profiteering, adulteration, or corruption
- Individuals deemed to be desperate and dangerous to the community
Here is an illustration on what security for good behaviour from habitual offenders deals with:
Illustration
A person has been repeatedly arrested for theft and has been convicted multiple times. The Executive Magistrate, observing this pattern, can order this person to execute a bond with sureties to ensure good behaviour for a period not exceeding three years. This prevents the individual from continuing their criminal activities and helps maintain peace in the community.
Common Questions and Answers: on Security For Good Behaviour From Habitual Offenders
- Q: Who can invoke Section 145?A: An Executive Magistrate, who holds authority within their local jurisdiction.
- Q: What is the maximum duration for which a bond can be required?A: The maximum duration is three years.
- Q: What happens if a person fails to provide surety?A: The Magistrate has the power to detain the person in custody for a period not exceeding three months. They can then be released on bond or imprisoned according to the law.
- Q: Can a person appeal against a Magistrate’s order?A: Yes, the person can appeal against the Magistrate’s order to a higher court.
