(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023; (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, 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. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Bharatiya Nagarik Suraksha Sanhita
Section 127
Security for good behaviour from persons disseminating certain matters
⚡ Quick Answer Reference: Section 127 BNSS
- Provision: Section 127 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 give a bond for good behaviour if they have spread or tried to spread false information or obscene content. The person must be given a chance to explain why they should not be required to give a bond.
What does Section 127 of BNSS say?
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What does Section 127 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 give a bond for good behaviour if they have spread or tried to spread false information or obscene content. The person must be given a chance to explain why they should not be required to give a bond.
Practical Interpretation
In practice, this section is used when an Executive Magistrate receives information about a person spreading false information or obscene content. The Magistrate will then require the person to show cause why they should not be ordered to give a bond for good behaviour. This is a way to ensure that the person does not continue to spread false information or obscene content.
Core Legal Purpose
The core purpose of this section is to prevent the spread of false information and obscene content by requiring individuals to give a bond for good behaviour if they have engaged in such activities.
- •The person must be within the local jurisdiction of the Executive Magistrate.
- •The person must have intentionally disseminated or attempted to disseminate false information or obscene content.
- •The information or content must be of a type that is punishable under certain sections of the Bharatiya Nyaya Sanhita.
- •The Executive Magistrate must be of the opinion that there is sufficient ground for proceeding.
Practical Example of Section 127 BNSS
Rajesh, a resident of Delhi, posts a video on social media that falsely accuses a local politician of corruption. The video goes viral and causes a stir in the community. An Executive Magistrate receives a complaint about the video and decides to take action under Section 127 of the BNSS. Rajesh is required to show cause why he should not be ordered to give a bond for good behaviour. Rajesh explains that he did not intend to cause harm and that the video was meant to be a joke. The Magistrate decides to give Rajesh a chance to explain himself and requires him to give a bond for good behaviour.
Frequently Asked Questions about Section 127 BNSS
Q: What is the punishment or consequence under Section 127 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the person may be required to give a bond for good behaviour.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not bailable or cognizable.
Common Questions about Section 127 BNSS
What is Section 127 of BNSS?
Section 127 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for good behaviour from persons disseminating certain matters". In plain terms: This section allows an Executive Magistrate to require a person to show cause why they should not be ordered to give a bond for good behaviour if they have spread or tried to spread false information or obscene content. The person must be given a chance to explain why they should not be required to give a bond.
What is the punishment under Section 127 of BNSS?
Section 127 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 127 of BNSS bailable or non-bailable?
Whether Section 127 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 127 of BNSS?
The essential elements of Section 127 of BNSS are: The person must be within the local jurisdiction of the Executive Magistrate.; The person must have intentionally disseminated or attempted to disseminate false information or obscene content.; The information or content must be of a type that is punishable under certain sections of the Bharatiya Nyaya Sanhita..
Landmark Judgments under Section 127 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 127
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