Section 125 BNSS: Security for keeping peace on conviction
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 125 BNSS at a Glance
Section 125 BNSS deals with security for keeping peace on conviction. It replaced Section 106 CrPC on 1 July 2024.
Section 125 BNSS Bare Act Text
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;
(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Source: Section 125, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 125 BNSS in Simple Words
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for keeping peace on conviction.
When a Court of Session or Court of a Magistrate of the first class convicts a person of an offence listed in Section 125(2) BNSS, or of abetting such an offence, and is of opinion that it is necessary to take security from that person for keeping the peace, the Court may, at the time of passing sentence, order that person to execute a bond or bail bond for keeping the peace for such period, not exceeding three years, as it thinks fit.
Under Section 125(4) BNSS an Appellate Court or a Court exercising its powers of revision may also make the order.
When Section 125 BNSS Applies
- A Court of Session or Court of a Magistrate of the first class may order security under Section 125(1) BNSS when it convicts a person of an offence listed in Section 125(2) BNSS or of abetting such an offence and is of opinion that it is necessary to take security from that person for keeping the peace.
- At the time of passing sentence on the convicted person, the Court may order that person to execute a bond or bail bond for keeping the peace under Section 125(1) BNSS.
- Section 125(2)(a) BNSS lists any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 193(1) or section 196 or section 197 of that Sanhita.
- Section 125(2)(b) BNSS, Section 125(2)(c) BNSS and Section 125(2)(d) BNSS list any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
- If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void under Section 125(3) BNSS.
- Under Section 125(4) BNSS an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Time Limits Under Section 125 BNSS
- Under Section 125(1) BNSS the Court may order the bond or bail bond at the time of passing sentence on the convicted person.Act text: “at the time of passing sentence on such person”
- Under Section 125(1) BNSS the bond or bail bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit.Act text: “for such period, not exceeding three years, as it thinks fit”
Example of Section 125 BNSS
When Section 125 BNSS Does Not Apply
- Section 125(1) BNSS speaks of a conviction by a Court of Session or Court of a Magistrate of the first class. It does not deal with a conviction by a Magistrate of the second class.
- Section 125(2)(a) BNSS speaks of offences punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 193(1) or section 196 or section 197. It does not deal with a conviction only under section 196 of that Sanhita.
Section 125 BNSS in the CrPC (Previous Law)
Section 125 BNSS replaced Section 106 CrPC from 1 July 2024.
Section 106 CrPC is found in Section 125 BNSS from 1 July 2024. Section 125(1) BNSS and Section 125(3) BNSS read bond or bail bond where Section 106(1) CrPC and Section 106(3) CrPC read a bond, with or without sureties, and the bond, a change of form. Section 125(2)(a) BNSS refers to Chapter XI of the Bharatiya Nyaya Sanhita, 2023 and to section 193(1) or section 196 or section 197 of that Sanhita where Section 106(2)(a) CrPC referred to Chapter VIII of the Indian Penal Code and to section 153A or section 153B or section 154 of that Code. Section 125(2)(b) BNSS, Section 125(2)(c) BNSS, Section 125(2)(d) BNSS and Section 125(4) BNSS carry the same words as Section 106(2)(b) CrPC, Section 106(2)(c) CrPC, Section 106(2)(d) CrPC and Section 106(4) CrPC.
Each sub-section below names its own source.
FAQs on Section 125 BNSS
Which courts may order security for keeping peace on conviction under Section 125 BNSS?▼
Under Section 125(1) BNSS, a Court of Session or Court of a Magistrate of the first class may, at the time of passing sentence, order a convicted person to execute a bond or bail bond for keeping the peace. Under Section 125(4) BNSS, an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Which offences are listed in Section 125(2) BNSS?▼
Section 125(2) BNSS lists any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 193(1) or section 196 or section 197 of that Sanhita, any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. Section 125(1) BNSS also covers abetting any such offence.
For how long can a bond or bail bond under Section 125 BNSS run, and what happens if the conviction is set aside?▼
Under Section 125(1) BNSS the bond or bail bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit. Under Section 125(3) BNSS, if the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.
What changed from Section 106 CrPC to Section 125 BNSS from 1 July 2024?▼
From 1 July 2024, Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 106 of the Code of Criminal Procedure, 1973. Section 125(1) BNSS and Section 125(3) BNSS read bond or bail bond where Section 106(1) CrPC and Section 106(3) CrPC read a bond, with or without sureties, and the bond. This is a change of form: Section 2(1)(e) BNSS defines a bond as a personal bond or undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. Section 125(2)(a) BNSS refers to Chapter XI of the Bharatiya Nyaya Sanhita, 2023 and to section 193(1) or section 196 or section 197 of that Sanhita where Section 106(2)(a) CrPC referred to Chapter VIII of the Indian Penal Code and to section 153A or section 153B or section 154 of that Code. The rest of the text is the same.
Section 125 BNSS: Sub-sections Explained
Section 125(1) BNSS: Security for keeping the peace on conviction
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Bare Act Text
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.
Section 125(2) BNSS: Security for keeping the peace on conviction
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Bare Act Text
(2) The offences referred to in sub-section (1) are—
(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof;
(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
Section 125(3) BNSS: Security for keeping the peace on conviction
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Bare Act Text
(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void.
Section 125(4) BNSS: Security for keeping the peace on conviction
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Bare Act Text
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·