Section 129 BNSS: Security for good behaviour from habitual offenders (Formerly Section 110 CrPC)

Section 129 of Bharatiya Nagarik Suraksha Sanhita, 2023: Security for good behaviour from habitual offenders

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 who—

(a) is by habit a robber, house-breaker, thief, or forger; or

(b) is by habit a receiver of stolen property knowing the same to have been stolen; or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or

(f) habitually commits, or attempts to commit, or abets the commission of—

(i) any offence under one or more of the following Acts, namely:—

(a) the Drugs and Cosmetics Act, 1940;

(b) the Foreigners Act, 1946;

(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952;

(d) the Essential Commodities Act, 1955;

(e) the Protection of Civil Rights Act, 1955;

(f) the Customs Act, 1962;

(g) the Food Safety and Standards Act, 2006; or

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, 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 129

Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers Executive Magistrates to issue conditional orders for the removal of public nuisances.

Executive Magistrate Removal Powers: Section 129 empowers a District Magistrate, Sub-Divisional Magistrate, or Executive Magistrate to pass a conditional order for the removal of public nuisances or unlawful obstructions.
Show Cause & Compliance Option: The order directs the person causing the nuisance to remove the obstruction within a specified time, or appear before the Magistrate to show cause against the conditional order.

Key Landmark Precedents:

Municipal Council, Ratlam v. Vardichan (1980) 4 SCC 162: The Supreme Court delivered a landmark ruling establishing that Section 133 CrPC (Sec 129 BNSS) is a potent instrument of social and environmental justice; held that lack of municipal funds is no defense against statutory public health obligations.
State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389: Ruled that the provisions of specialized environmental statutes (such as Water and Air Acts) do not repeal or restrict the magistrate's summary powers under Section 133 CrPC.

Legal Commentary:

Section 129 is one of the most effective public interest remedies in Indian administrative law. Citizens facing severe public hazards, illegal encroachments, or toxic industrial discharge can petition the Executive Magistrate for immediate injunctive relief.