Section 128 BNSS: Security for good behaviour from suspected persons (Formerly Section 109 CrPC)

Section 128 of Bharatiya Nagarik Suraksha Sanhita, 2023: Security for good behaviour from suspected persons

Official Bare Act Text

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

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.

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 128

Section 128 empowers an Executive Magistrate to require any person taking precautions to conceal their presence with a view to committing a cognizable offence to show cause why they should not execute a bond for good behaviour.

Concealment of Presence: Person taking precautions to conceal their presence within local limits.
Intent to Commit Cognizable Offence: Reason to believe that concealment is with a view to committing a cognizable offence.
Bond for Good Behaviour: Bond with sureties for good behaviour for a term not exceeding one year.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: Held that Section 109 CrPC (Section 128 BNSS) requires proof of deliberate concealment with a criminal design; mere poverty or homeless roaming at night does not justify bonds.
State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Affirmed that vagrancy or homelessness cannot be converted into an excuse for preventive detention.

Courtroom Practice & Strategic Litigation Guidance:

Police frequently invoke this section against homeless persons or migrant labourers. Defend by showing that the person was peacefully sleeping or searching for work, completely negating any criminal intent.