Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers Executive Magistrates to take preventive action against individuals likely to disturb public peace or tranquility. This provision allows authorities to require such individuals to execute a bond, with or without sureties, to keep the peace for a specified period, not exceeding one year.
📜 Text of Section 126
126. Security for keeping peace in other cases
Preventive Action by Executive Magistrate:
When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb public tranquility, or to do any wrongful act that may probably occasion such a breach, and is of the opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for a period not exceeding one year, as the Magistrate thinks fit.
Jurisdiction of Executive Magistrate:
Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of 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 public tranquility, or to do any wrongful act as aforesaid beyond such jurisdiction.
⚖️ Legal Implications
Preventive Measure: Section 126 serves as a preventive tool, allowing authorities to act before a breach of peace occurs, thereby maintaining public order and safety.
Discretionary Power: The provision grants Executive Magistrates the discretion to determine the necessity and duration of the bond, providing flexibility in addressing potential threats to public tranquility.
Jurisdictional Flexibility: The section allows proceedings to be initiated by any Executive Magistrate within their jurisdiction, even if the individual resides outside it, ensuring broader applicability.
📌 Example Scenario
Scenario: An Executive Magistrate in Delhi receives information that an individual, residing in Noida, is planning to organize a rally that may disrupt public peace in Delhi.
Application of Section 126:
Information Received: The Magistrate learns about the planned rally and assesses the potential threat to public tranquility.
Show Cause Notice: The Magistrate issues a notice to the individual in Noida, requiring them to show cause why they should not be ordered to execute a bond for keeping the peace.
Execution of Bond: If the individual fails to provide satisfactory reasons, the Magistrate may order them to execute a bond, with or without sureties, for a period not exceeding one year.
Enforcement: The individual must comply with the bond conditions, and failure to do so may result in legal consequences.
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