(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Bharatiya Nagarik Suraksha Sanhita
Section 125
Security for keeping peace on conviction
⚡ Quick Answer Reference: Section 125 BNSS
- Provision: Section 125 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: When someone is convicted of certain crimes, a court can order them to give a bond or bail bond to keep the peace for up to three years. This means they promise not to cause any trouble or break the law during that time.
What does Section 125 of BNSS say?
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What does Section 125 of BNSS mean?
Plain English Explanation
When someone is convicted of certain crimes, a court can order them to give a bond or bail bond to keep the peace for up to three years. This means they promise not to cause any trouble or break the law during that time.
Practical Interpretation
In practice, this section allows courts to take extra precautions to ensure public safety by requiring convicted individuals to provide security for keeping the peace. This can be especially useful in cases where the convicted person has a history of violent behavior or has committed crimes that could lead to further breaches of peace.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for courts to take security from convicted individuals who are deemed a risk to public safety, thereby preventing potential breaches of peace and maintaining social order.
- •The court must convict the person of one of the specified offences.
- •The court must be of the opinion that it is necessary to take security from the person for keeping the peace.
- •The court must order the person to execute a bond or bail bond for keeping the peace for a specified period, not exceeding three years.
- •If the conviction is set aside on appeal or otherwise, the bond or bail bond becomes void.
Practical Example of Section 125 BNSS
Rajesh is convicted of assault under Section 351 of the Bharatiya Nyaya Sanhita. The court is of the opinion that it is necessary to take security from Rajesh for keeping the peace, given his history of violent behavior. The court orders Rajesh to execute a bond or bail bond for keeping the peace for two years. If Rajesh's conviction is set aside on appeal, the bond or bail bond becomes void.
Frequently Asked Questions about Section 125 BNSS
Q: What is the punishment or consequence under Section 125 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the court may order the convicted person to execute a bond or bail bond for keeping the peace.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are convicted of the specified offences.
Q: Is an offence under this section bailable or cognizable?
The section does not specify whether the offence is bailable or cognizable. However, the specified offences under Section 125(2) may have their own classification under the Bharatiya Nyaya Sanhita.
Common Questions about Section 125 BNSS
What is Section 125 of BNSS?
Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for keeping peace on conviction". In plain terms: When someone is convicted of certain crimes, a court can order them to give a bond or bail bond to keep the peace for up to three years. This means they promise not to cause any trouble or break the law during that time.
What is the punishment under Section 125 of BNSS?
Section 125 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 125 of BNSS bailable or non-bailable?
Whether Section 125 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 125 of BNSS?
The essential elements of Section 125 of BNSS are: The court must convict the person of one of the specified offences.; The court must be of the opinion that it is necessary to take security from the person for keeping the peace.; The court must order the person to execute a bond or bail bond for keeping the peace for a specified period, not exceeding three years..
Landmark Judgments under Section 125 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 125
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