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.
Bharatiya Nagarik Suraksha Sanhita
Section 128
Security for good behaviour from suspected persons
Englishहिंदी
⚡ Quick Answer Reference: Section 128 BNSS
- Provision: Section 128 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 order a person to show cause why they should not be required to execute a bond for good behavior if the Magistrate believes the person is hiding to commit a crime.
Statutory Content
What does Section 128 of BNSS say?
Indian StandardSection 128, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 128 (India)
Court Pleading StandardSection 128 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/128
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 128 of BNSS mean?
Plain English Explanation
This section allows an Executive Magistrate to order a person to show cause why they should not be required to execute a bond for good behavior if the Magistrate believes the person is hiding to commit a crime.
Practical Interpretation
In practice, this section gives Executive Magistrates the power to intervene early to prevent potential crimes by requiring individuals suspected of hiding for malicious purposes to provide a bond for their good behavior.
Core Legal Purpose
The core purpose of this section is to enable preventive measures against individuals suspected of planning to commit cognizable offenses, thereby maintaining public safety and order.
Key Legal Elements
- •The Executive Magistrate must receive information about a person concealing their presence.
- •There must be reason to believe the person is concealing themselves to commit a cognizable offence.
- •The Magistrate must follow the prescribed manner to require the person to show cause.
- •The bond for good behavior can be ordered for a period not exceeding one year.
Practical Example
Practical Example of Section 128 BNSS
Rajesh, a resident of Mumbai, is suspected by the local police of planning to commit a robbery. The Executive Magistrate of Mumbai, upon receiving this information, may require Rajesh to show cause why he should not be ordered to execute a bond for his good behavior for a period of six months. If Rajesh fails to provide a satisfactory explanation, the Magistrate may order him to execute the bond to ensure his good behavior and prevent the potential crime.
Common Questions (FAQ)
Frequently Asked Questions about Section 128 BNSS
Q: What is the punishment or consequence under Section 128 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 good behavior.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals suspected of concealing their presence to commit a cognizable offence.
Q: Is an offence under this section bailable or cognizable?
This section deals with preventive measures against suspected individuals and does not classify an offence as bailable or cognizable. It is aimed at preventing the commission of a cognizable offence.
People Also Ask (PAA)
Common Questions about Section 128 BNSS
What is Section 128 of BNSS?
Section 128 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for good behaviour from suspected persons". In plain terms: This section allows an Executive Magistrate to order a person to show cause why they should not be required to execute a bond for good behavior if the Magistrate believes the person is hiding to commit a crime.
What is the punishment under Section 128 of BNSS?
Section 128 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 128 of BNSS bailable or non-bailable?
Whether Section 128 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 128 of BNSS?
The essential elements of Section 128 of BNSS are: The Executive Magistrate must receive information about a person concealing their presence.; There must be reason to believe the person is concealing themselves to commit a cognizable offence.; The Magistrate must follow the prescribed manner to require the person to show cause..
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