Section 139 BNSS: Contents of bond (Formerly Section 120 CrPC)

Section 139 of Bharatiya Nagarik Suraksha Sanhita, 2023: Contents of bond

Official Bare Act Text

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

The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond.

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 139

Section 139 defines the contents of the bond to be executed by any person under this Chapter, binding them to keep the peace or to be of good behaviour, and defining what constitutes a breach of the bond.

Obligation in Bond: Binds the person to keep the peace or to be of good behaviour.
Breach of Peace Bond: Commission of, or attempt to commit, or abetment of, any offence punishable with imprisonment constitutes a breach of the bond.
Forfeiture Consequences: Breach triggers recovery of the bond penalty under Section 491 BNSS.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The Supreme Court explained that the bond conditions are clear and objective; only the commission or abetment of an offence punishable with imprisonment works a forfeiture.
State of M.P. v. Shambhu Nath Singh (2001) 4 SCC 667: Reaffirmed that bond enforcement must strictly follow procedural forfeiture steps.

Courtroom Practice & Strategic Litigation Guidance:

In forfeiture proceedings under Section 491 BNSS, argue that a mere frivolous FIR registered during the bond period does not prove breach; there must be proof of actual commission of an offence.