Section 127 BNSS: Security for good behaviour from persons disseminating certain matters (Formerly Section 108 CrPC)

Section 127 of Bharatiya Nagarik Suraksha Sanhita, 2023: Security for good behaviour from persons disseminating certain matters

Official Bare Act Text

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

(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—

(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

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 127

Section 127 empowers an Executive Magistrate to require any person who intentionally disseminates seditious, defamatory, or hate-speech matters to show cause why they should not be ordered to execute a bond for good behaviour.

Dissemination of Prohibited Matter: Publishing, circulating, or uttering matters punishable under Section 152 (sovereignty), Section 196 (enmity), or Section 197 BNS.
Judicial/Executive Satisfaction: Magistrate forms an opinion that there is sufficient ground for proceeding.
Bond for Good Behaviour: Term of bond cannot exceed one year; sureties required.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Constitution Bench affirmed that requiring bonds for good behaviour from persons systematically spreading communal or seditious hatred protects public order.
Kedar Nath Singh v. State of Bihar AIR 1962 SC 955: Emphasised that penalizing dissemination applies strictly to statements tending to incite public disorder.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the magistrate recorded the specific offending statements in the show-cause notice under Section 130. Vague allegations of 'making provocative speeches' without verbatim quotes vitiate the proceedings.