Section 111 BNSS: Definitions (Formerly Section 105A CrPC)

Section 111 of Bharatiya Nagarik Suraksha Sanhita, 2023: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In this Chapter, unless the context otherwise requires,—

(a) "contracting State" means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;

(b) "identifying" includes establishment of a proof that the property was derived from, or used in, the commission of an offence;

(c) "proceeds of crime" means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;

(d) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;

(e) "tracing" means determining the nature, source, disposition, movement, title or ownership of property.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Cognizable Offence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 111

Section 111 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the execution of bonds to keep the peace upon conviction for specified public order offences.

Statutory Powers & Jurisdiction: Section 111 empowers a Court of Session or Magistrate of the first class, when convicting a person of offences involving breach of the peace, rioting, assault, or criminal intimidation, to order the convict to execute a bond, with or without sureties, for keeping the peace for a period not exceeding three years.
Appellate Remedies & Forum: If the conviction is set aside on appeal or revision, the bond so executed becomes void.

Key Landmark Precedents:

Babulal Parate v. State of Maharashtra (AIR 1961 SC 884): The Supreme Court held that preventive security provisions upon conviction serve as deterrence against recidivism and ensure public tranquillity without imposing double punishment.
Ram Charan v. State (AIR 1953 All 375): Affirmed that the power to order security under Section 106 CrPC (Sec 111 BNSS) cannot be exercised mechanically and must be based on a clear judicial finding that breach of peace is likely.

Legal Commentary:

Section 111 provides an important preventive post-conviction measure. Defense counsel appealing a conviction should ensure that an order under Section 111 is stayed alongside the substantive sentence under Section 430.