Section 126 BNSS: Security for keeping peace in other cases (Formerly Section 107 CrPC)

Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023: Security for keeping peace in other cases

Official Bare Act Text

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

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 126

Section 126 empowers an Executive Magistrate to require any person to show cause why they should not be ordered to execute a bond for keeping the peace for a period not exceeding one year (replacing Section 107 CrPC).

Information Received: Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb public tranquility.
Opinion of Sufficient Ground: Magistrate must form an opinion that there is sufficient ground for proceeding.
Show-Cause Order: Issuance of an order in writing under Section 130 setting forth the substance of the information received.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The 7-Judge Constitution Bench held that Section 107 CrPC (Section 126 BNSS) is constitutional, but warned that magistrates cannot use it to suppress lawful dissent or peaceful protests; there must be credible, imminent danger of violence.
Babulal Parate v. State of Maharashtra AIR 1961 SC 884: The Constitution Bench held that preventive powers are justified only when the magistrate is satisfied that immediate action is necessary to avert breach of peace.
Rajender Singh Pathania v. State (NCT of Delhi) (2011) 13 SCC 329: The Supreme Court quashed Section 107 proceedings initiated mechanically in private property disputes where no public breach of peace was involved.

Courtroom Practice & Strategic Litigation Guidance:

Master challenge under *Rajender Singh Pathania*: Section 126 cannot be invoked in private landlord-tenant or boundary feuds. The danger must be to 'public tranquility'. If the dispute is private, file for quashing under Section 528 BNSS.