(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Bharatiya Nagarik Suraksha Sanhita
Section 126
Security for keeping peace in other cases
⚡ Quick Answer Reference: Section 126 BNSS
- Provision: Section 126 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Jurisdiction: India
- Summary: This section allows an Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond for keeping the peace if the magistrate believes the person may commit a breach of peace or disturb public tranquillity.
What does Section 126 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 126 of BNSS mean?
Plain English Explanation
This section allows an Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond for keeping the peace if the magistrate believes the person may commit a breach of peace or disturb public tranquillity.
Practical Interpretation
In practice, this section gives Executive Magistrates the authority to take preventive measures against individuals who may disrupt public order, by requiring them to provide a bond as a guarantee of good behavior.
Core Legal Purpose
The core purpose of this section is to enable the maintenance of public peace and order by allowing magistrates to take proactive steps against potential troublemakers.
- •The Executive Magistrate must receive information that a person is likely to commit a breach of the peace or disturb the public tranquillity.
- •The Magistrate must be of the opinion that there is sufficient ground for proceeding.
- •The key legal test is whether the person's actions are likely to occasion a breach of the peace or disturb the public tranquillity.
- •A key exception is that proceedings can only be taken before an Executive Magistrate with local jurisdiction over the place of the potential breach or the person likely to commit it.
Practical Example of Section 126 BNSS
For instance, if Rajesh is rumored to be planning a violent protest in Mumbai, the Executive Magistrate of Mumbai may require Rajesh to show cause why he should not be ordered to execute a bond for keeping the peace, to prevent any potential disturbance to public tranquillity.
Frequently Asked Questions about Section 126 BNSS
Q: What is the punishment or consequence under Section 126 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the requirement 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 any person who is likely to commit a breach of the peace or disturb the public tranquillity, which may include private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal offences, but rather with preventive measures to maintain public peace and order. It is a procedural provision.
Common Questions about Section 126 BNSS
What is Section 126 of BNSS?
Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for keeping peace in other cases". In plain terms: This section allows an Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond for keeping the peace if the magistrate believes the person may commit a breach of peace or disturb public tranquillity.
What is the punishment under Section 126 of BNSS?
Section 126 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 126 of BNSS bailable or non-bailable?
Whether Section 126 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 126 of BNSS?
The essential elements of Section 126 of BNSS are: The Executive Magistrate must receive information that a person is likely to commit a breach of the peace or disturb the public tranquillity.; The Magistrate must be of the opinion that there is sufficient ground for proceeding.; The key legal test is whether the person's actions are likely to occasion a breach of the peace or disturb the public tranquillity..
Landmark Judgments under Section 126 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 126
Ask Nyaya AI About Section 126
Select a pre-configured prompt to run this section through the grounded research engine.