CrPC 107→BNSS 126

CrPC 107 to BNSS 126: Security for keeping the peace in other cases

Section 107 CrPC (1973) replaced by Section 126 BNSS (2023)

View CrPC Section 107 →View BNSS Section 126 →

CrPC 107 to BNSS 126 at a Glance

Section 107 CrPC (Security for keeping the peace in other cases) is now Section 126 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 107 to BNSS 126?

Section 107 of the Code of Criminal Procedure, 1973 became Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with no new sub-sections or merged provisions. The renumbering and the omission of the word the before peace in the heading are changes of form. In Section 126(1) BNSS, the phrase bond with or without sureties in Section 107(1) CrPC is replaced with bond or bail bond. This is also a change of form, since the Sanhita defines a bond as an undertaking without surety and a bail bond as an undertaking with surety. All other requirements, the one year maximum period, and Section 126(2) BNSS remain unchanged.

CrPC 107 vs BNSS 126: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section107126
HeadingSecurity for keeping the peace in other casesSecurity for keeping peace in other cases
Sub-sections2 sub-sectionsSame

CrPC 107 and BNSS 126: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 107, CrPC 1973

107. Security for keeping the peace in other cases.—(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 with or without sureties, 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.
BNSS 2023 (in force)

Section 126, BNSS 2023

126. Security for keeping peace in other cases.—(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.

When It Applies: CrPC 107 vs BNSS 126

Under CrPC 107
  1. An Executive Magistrate may initiate action under Section 107(1) CrPC upon receiving information that a person is likely to commit a breach of the peace, disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance.
  2. Before issuing a notice under Section 107(1) CrPC, the Executive Magistrate must form the opinion that there is sufficient ground for proceeding against the person.
  3. Where those conditions are met, the Executive Magistrate may, in the manner provided in the Code of Criminal Procedure, 1973, require the person to show cause why an order should not be made to execute a bond, with or without sureties, to keep the peace.
  4. Any Executive Magistrate may conduct proceedings under Section 107(2) CrPC if the place where the breach of the peace or disturbance is apprehended falls within the local jurisdiction of that Magistrate.
  5. Any Executive Magistrate may also conduct proceedings under Section 107(2) CrPC if the person is present within that local jurisdiction, even when the likely breach of the peace, disturbance of public tranquillity, or wrongful act would take place beyond that jurisdiction.
Under BNSS 126
  1. An Executive Magistrate may initiate action under Section 126(1) BNSS upon receiving information that a person is likely to commit a breach of the peace, disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance.
  2. Before issuing a notice under Section 126(1) BNSS, the Executive Magistrate must form the opinion that there is sufficient ground for proceeding against the person.
  3. Where those conditions are met, the Executive Magistrate may, in the manner provided in the Bharatiya Nagarik Suraksha Sanhita, 2023, require the person to show cause why an order should not be made to execute a bond or bail bond to keep the peace.
  4. Any Executive Magistrate may conduct proceedings under Section 126(2) BNSS if the place where the breach of the peace or disturbance is apprehended falls within the local jurisdiction of that Magistrate.
  5. Any Executive Magistrate may also conduct proceedings under Section 126(2) BNSS if the person is present within that local jurisdiction, even when the likely breach of the peace, disturbance of public tranquillity, or wrongful act would take place beyond that jurisdiction.

Time Limits: CrPC 107 to BNSS 126

Under CrPC 107
  • The bond for keeping the peace under Section 107(1) CrPC may be required for such period as the Executive Magistrate thinks fit, up to a maximum of one year.Act text: “for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit”
Under BNSS 126
  • The bond or bail bond for keeping the peace under Section 126(1) BNSS may be required for such period as the Executive Magistrate thinks fit, up to a maximum of one year.Act text: “for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit”

What CrPC 107 to BNSS 126 Means in Practice

From 1 July 2024, the power to require security for keeping the peace is found in Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 107 of the Code of Criminal Procedure, 1973, and the security is described as a bond or bail bond instead of a bond with or without sureties. The authority of the Executive Magistrate, the required opinion of sufficient ground for proceeding, the one year maximum period, and the local jurisdiction rules in Section 126(2) BNSS remain unchanged.

FAQs: CrPC 107 to BNSS 126

How does Section 107 CrPC map to the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 107 of the Code of Criminal Procedure, 1973 maps to Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 107(2) CrPC maps to Section 126(2) BNSS. No other CrPC provisions were merged into Section 126 BNSS, and no new sub-sections were added to the provision.

What wording changed between Section 107(1) CrPC and Section 126(1) BNSS?▼

In Section 107(1) of the Code of Criminal Procedure, 1973, the Executive Magistrate could require a person to show cause why they should not be ordered to execute a bond, with or without sureties, for keeping the peace. In Section 126(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the phrase bond with or without sureties is replaced with the phrase bond or bail bond. This is a change of form. Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as one with surety, so the new words cover the same ground.

Did the maximum period or territorial jurisdiction rule change in Section 126 BNSS?▼

No, neither the maximum period nor the territorial jurisdiction rule changed. Both Section 107(1) CrPC and Section 126(1) BNSS state that the bond for keeping the peace may be required for such period, not exceeding one year, as the Magistrate thinks fit. Likewise, Section 107(2) CrPC and Section 126(2) BNSS contain identical wording on the local jurisdiction of an Executive Magistrate.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·