When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger; or (b) is by habit a receiver of stolen property knowing the same to have been stolen; or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940.); (b) the Foreigners Act, 1946 (31 of 1946); (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952); (d) the Essential Commodities Act, 1955 (10 of 1955); (e) the Protection of Civil Rights Act, 1955 (22 of 1955); (f) the Customs Act, 1962 (52 of 1962); (g) the Food Safety and Standards Act, 2006 (34 of 2006); or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
Bharatiya Nagarik Suraksha Sanhita
Section 129
Security for good behaviour from habitual offenders
⚡ Quick Answer Reference: Section 129 BNSS
- Provision: Section 129 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 who is a habitual offender to provide security for their good behaviour. This means the person must promise to behave well for a certain period, usually not more than three years, or face consequences.
What does Section 129 of BNSS say?
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What does Section 129 of BNSS mean?
Plain English Explanation
This section allows an Executive Magistrate to require a person who is a habitual offender to provide security for their good behaviour. This means the person must promise to behave well for a certain period, usually not more than three years, or face consequences.
Practical Interpretation
In practice, this section is used to prevent habitual offenders from committing further crimes. The Magistrate can require the person to provide security, which can be in the form of a bail bond, to ensure they behave well during the specified period.
Core Legal Purpose
The core purpose of this section is to prevent habitual offenders from continuing their criminal activities and to ensure public safety. It allows the Magistrate to take proactive measures to prevent crimes and maintain law and order.
- •The person must be within the local jurisdiction of the Executive Magistrate.
- •The person must be a habitual offender, as defined in the section.
- •The Magistrate must be satisfied that the person's being at large without security is hazardous to the community.
- •The person must be required to show cause why they should not be ordered to execute a bail bond for their good behaviour.
Practical Example of Section 129 BNSS
Rajesh, a habitual thief, is known to the police for his repeated crimes in the local area. The Executive Magistrate receives information about Rajesh's activities and decides to require him to provide security for his good behaviour. Rajesh is ordered to execute a bail bond for a period of two years, during which he must behave well and not commit any further crimes. If he fails to comply, he will face consequences.
Frequently Asked Questions about Section 129 BNSS
Q: What is the punishment or consequence under Section 129 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of failing to comply with the order to provide security for good behaviour is not specified in the section.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are habitual offenders, as defined in the section.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable. The classification of the offence is not specified in the section.
Common Questions about Section 129 BNSS
What is Section 129 of BNSS?
Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Security for good behaviour from habitual offenders". In plain terms: This section allows an Executive Magistrate to require a person who is a habitual offender to provide security for their good behaviour. This means the person must promise to behave well for a certain period, usually not more than three years, or face consequences.
What is the punishment under Section 129 of BNSS?
Section 129 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 129 of BNSS bailable or non-bailable?
Whether Section 129 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 129 of BNSS?
The essential elements of Section 129 of BNSS are: The person must be within the local jurisdiction of the Executive Magistrate.; The person must be a habitual offender, as defined in the section.; The Magistrate must be satisfied that the person's being at large without security is hazardous to the community..
Landmark Judgments under Section 129 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 129
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