Security for Keeping the Peace under the BNSS

Security proceedings for keeping peace under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are preventive proceedings intended to avert an anticipated breach of peace. They allow an Executive Magistrate to require a person to furnish a bond, with or without sureties, after an inquiry establishes its necessity, rather than punish that person for an offence already committed.

When proceedings may begin

Under Section 126, an Executive Magistrate who receives information that a person is likely to breach the peace, disturb public tranquillity, or commit a wrongful act likely to cause either may initiate proceedings if sufficient grounds exist.

• The Magistrate initially requires the person to show cause why security should not be furnished; receipt of information does not itself justify a final security order.
• The period for which security may be required under this provision cannot exceed one year.
• A Special Executive Magistrate acts within the powers conferred on that office; appointment under Section 15 does not automatically confer every power available to Executive Magistrates.

Notice, inquiry and interim measures

Under Section 130, the Magistrate must issue a written order stating the substance of the information, the bond amount, its duration, and the number and character of sureties, if required.

• The order must be explained to a person present in court; a summons or warrant issued to secure appearance must be accompanied by a copy of the order.
• Under Section 135, the Magistrate inquires into the truth of the information and takes necessary evidence, following substantially the procedure for trials of summons cases.
• During the inquiry, interim security may be ordered when immediate preventive measures are necessary, but the Magistrate must record reasons in writing.
• Ordinarily, the inquiry must finish within six months; continuation beyond that period requires special reasons recorded in writing, subject to the statutory limit applicable to detention pending inquiry.

Final orders and safeguards

Under Section 136, security can be ordered only if the inquiry proves that it is necessary for keeping peace. Otherwise, Section 137 requires discharge.

• The final security requirement cannot exceed the nature, amount or period specified in the initial order.
• The bond amount must reflect the circumstances and must not be excessive.
• Under Section 141, failure to furnish ordered security can result in imprisonment for the security period or until security is furnished; imprisonment for failure to give security for keeping peace is simple imprisonment.