Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Security for Good Behaviour from Habitual Offenders
Section 129 of the BNSS, 2023, empowers an Executive Magistrate to take preventive action against individuals who habitually engage in criminal activities or pose a threat to public safety. The provision allows the Magistrate to require such individuals to provide security for their good behaviour for a specified period, not exceeding three years.
🔹 Key Provisions of Section 129
An Executive Magistrate may act under this section if they receive information that a person within their jurisdiction:
Habitual Offenders: Engages in activities such as robbery, house-breaking, theft, forgery, or receiving stolen property knowing it to be stolen.
Harbouring Criminals: Habitually protects or harbours thieves or aids in the concealment or disposal of stolen property.
Engaging in Serious Offences: Habitually commits, attempts to commit, or abets offences like kidnapping, abduction, extortion, cheating, mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under sections 178, 179, 180, or 181 of that Sanhita.
Breaching Peace: Habitually commits, attempts to commit, or abets offences involving a breach of the peace.
Violating Specific Acts: Habitually commits, attempts to commit, or abets offences under various Acts, including the Drugs and Cosmetics Act, 1940; the Foreigners Act, 1946; the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952; the Essential Commodities Act, 1955; the Protection of Civil Rights Act, 1955; the Customs Act, 1962; and the Food Safety and Standards Act, 2006.
Threat to Community Safety: Is so desperate and dangerous that their being at large without security is hazardous to the community.
🔹 Procedure Under Section 129
Upon receiving information about a person falling under the above categories, the Executive Magistrate may:
Issue a Show-Cause Notice: Require the individual to show cause why they should not be ordered to execute a bond, with sureties, for their good behaviour for a period not exceeding three years.
Conduct an Inquiry: Assess the individual's history and the nature of their habitual offences.
Order Security: If satisfied, the Magistrate may order the individual to execute a bond with sureties for their good behaviour for the specified period.
🔹 Purpose and Significance
The primary objective of Section 129 is to prevent habitual offenders from continuing their criminal activities and to protect the community from individuals who pose a persistent threat. By requiring such individuals to provide security for their good behaviour, the law aims to deter criminal conduct and maintain public order.
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