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BNSS, 2023
Start Practicing
BNSSChapter IXSection 129
Section129

Security for good behavior from habitual offenders

AI Assist

Summary

If an Executive Magistrate is informed that a person is by habit committing, abetting, protecting, or receiving proceeds of certain offences (theft, robbery, kidnapping, extortion, specified statutory offences) or is dangerously likely to harm the community, the magistrate can require that person to show cause why they should not be ordered to execute a bail bond for good behaviour. The bond period may be for up to three years as the magistrate thinks fit. This is a preventive step to keep habitual or dangerous persons under court-ordered restraint.

Example

Ravi has repeatedly been found breaking into shops and caught with stolen goods in the same locality. The Executive Magistrate may require Ravi to show cause why he should not be ordered to execute a bail bond for good behaviour for up to three years.

Bare Act

Enacted text

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;

  • (b) the Foreigners Act, 1946;

  • (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952;

  • (d) the Essential Commodities Act, 1955;

  • (e) the Protection of Civil Rights Act, 1955;

  • (f) the Customs Act, 1962;

  • (g) the Food Safety and Standards Act, 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.

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IX

Chapter IX

Security for Keeping The Peace and for Good Behaviour

In this chapter

  • 125Security for keeping peace on conviction
  • 126Security for keeping peace in other cases
  • 127Security for good behavior from persons disseminating certain matters
  • 128Security for good behavior from suspected persons
  • 129Security for good behavior from habitual offenders
  • 130Order to be made
  • 131Procedure in respect of person present in Court
  • 132Summons or warrant in case of person not so present
  • 133Copy of order to accompany summons or warrant
  • 134Power to dispense with personal attendance
  • 135Inquiry as to truth of information
  • 136Order to give security
  • 137Discharge of person informed against
  • 138Commencement of period for which security is required
  • 139Contents of bond
  • 140Power to reject sureties
  • 141Imprisonment in default of security
  • 142Power to release persons imprisoned for failing to give security
  • 143Security for unexpired period of bond
Previous · Section 128Security for good behavior from suspected personsNext · Section 130Order to be made