Introduction
In a criminal justice system, preventive justice is as important as punitive justice. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the old Code of Criminal Procedure (CrPC), includes provisions that empower Executive Magistrates and police to take preemptive measures for maintaining public peace. One such mechanism is requiring security for keeping the peace and for good behavior.
This procedure allows authorities to prevent crimes before they happen by binding over individuals suspected of potentially disturbing the peace or engaging in harmful conduct. These provisions are mainly covered under Sections 112 to 126 of the BNSS, 2023.
What Is Security for Keeping Peace and Good Behavior?
It refers to a legal preventive measure by which a person is required to execute a bond (with or without sureties) to ensure:
- They will not disturb the peace, or
- They will maintain good behavior for a specified period.
The objective is not to punish but to deter individuals from committing offences.
Legal Basis: Relevant Sections in BNSS
The provisions corresponding to Sections 106–124 of CrPC, 1973 are now found in Sections 112–126 of BNSS, 2023.
Categories of Security Proceedings Under BNSS
1. Security for Keeping the Peace (Section 112)
- Applied when a person is likely to commit a breach of peace.
- Example: Disputes between neighbors, threatening fights, political agitation.
2. Security for Good Behavior from Habitual Offenders (Section 113)
- Applied when a person is a habitual criminal or known offender.
- Includes:
- Thieves
- Housebreakers
- Offenders of violence
- Persons involved in public nuisance
3. Security for Good Behavior from Suspected Persons (Section 114)
- When a person is concealing their presence and cannot explain their intent.
- Used against vagrants, suspicious characters, or unidentified travelers.
4. Security for Good Behavior from Known Abettors of Offences (Section 115)
- If someone is known to abet crimes or associate with criminals.
5. Security from Persons Disseminating Seditious or Harmful Content (Section 116)
- For those distributing incendiary material, provocative speeches, or fake news that may disturb public harmony.
Procedure for Initiating Security Proceedings
Step 1: Information Received
- Police or other sources report that a person is likely to breach peace or is a habitual offender.
Step 2: Show Cause Notice (Section 117)
- Magistrate issues a notice requiring the person to explain why they should not be asked to provide security.
Step 3: Inquiry by Magistrate (Section 118)
- Magistrate conducts a summary inquiry like a trial.
- Witnesses are examined, and the person is given a chance to defend themselves.
Step 4: Order to Execute Bond (Section 119)
- If satisfied, Magistrate orders the person to execute a bond with or without sureties.
- Duration: Usually up to 1 year, extendable in special cases.
Step 5: Failure to Furnish Security (Section 121)
- If the person fails to execute the bond:
- They may be imprisoned until they comply or the bond period expires.
Forms of Security
- Personal bond: A promise by the individual themselves.
- Surety bond: Includes guarantees from other people (sureties) who vouch for the individual’s conduct.
Appeals and Review
- The person can appeal to a Sessions Judge or High Court against the Magistrate’s order.
- The burden of proof lies on the Magistrate to justify the need for preventive action.
Constitutional Validity
The Supreme Court of India has upheld these provisions as valid and necessary under preventive justice, especially when:
- Conduct is likely to endanger public peace
- Action is proportional and time-bound
Practical Examples
| Situation | Security Proceeding Applied |
|---|---|
| A person threatens to attack neighbors | Security for keeping the peace |
| A known pickpocket loiters near a school | Security for good behavior from habitual offender |
| A gang member abets smuggling activities | Security for good behavior from known abettor |
| A protestor distributes inflammatory posters | Security for good behavior from disseminator |
| An unidentified person with weapons enters town | Security for good behavior from suspected person |
Comparison With Arrest and Prosecution
| Feature | Security Proceedings | Regular Criminal Trial |
|---|---|---|
| Nature | Preventive | Punitive |
| Based On | Apprehension of danger | Actual commission of offence |
| Outcome | Bond to maintain peace | Conviction or acquittal |
| Detention | Only if bond not furnished | Can lead to jail term if convicted |
Summary Table of Key Sections
| BNSS Section | Title | Purpose |
|---|---|---|
| 112 | Security for keeping the peace | Prevent breach of peace |
| 113 | Security from habitual offenders | Target repeat criminals |
| 114 | Security from suspicious persons | Prevent unknown threats |
| 115 | Security from known abettors | Discourage support to criminals |
| 116 | Security from provocative speakers or publishers | Curb hate and unrest |
| 117–119 | Procedure for notice and inquiry | Ensures due process |
| 121 | Failure to give security | Imprisonment if bond not furnished |