Section 126 BNSS: Security for keeping peace in other cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 126 BNSS at a Glance

Section 126 BNSS deals with security for keeping peace in other cases. It replaced Section 107 CrPC on 1 July 2024.

Was CrPC

Section 107 →

Section 126 BNSS Bare Act Text

(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.

Source: Section 126, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 126 BNSS in Simple Words

Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a preventive provision used to maintain peace and public tranquillity.

When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance, and is of opinion that there is sufficient ground for proceeding, the Magistrate may require that person to show cause why they should not be ordered to execute a bond or bail bond for keeping the peace for a period not exceeding one year.

When Section 126 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 126 BNSS

  • 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”

Example of Section 126 BNSS

Suresh is within the local jurisdiction of an Executive Magistrate and plans a wrongful act that may probably occasion a breach of the peace in a nearby town. After the Executive Magistrate receives information about Suresh and forms the opinion that there is sufficient ground for proceeding under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, proceedings may be taken under Section 126(2) BNSS because Suresh is within that local jurisdiction, even though the apprehended breach lies beyond it. Under Section 126(1) BNSS, the Magistrate may require Suresh to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for a period not exceeding one year.

When Section 126 BNSS Does Not Apply

  • Section 126(1) BNSS does not apply when the Executive Magistrate has not received 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.
  • Section 126(1) BNSS does not apply when the Executive Magistrate is not of opinion that there is sufficient ground for proceeding.
  • Section 126(1) BNSS does not permit requiring a bond or bail bond for keeping the peace for any period exceeding one year.
  • Proceedings under Section 126(2) BNSS do not lie before an Executive Magistrate when neither the place where the breach of the peace or disturbance is apprehended nor the person likely to cause it is within the local jurisdiction of that Magistrate.

Section 126 BNSS in the CrPC (Previous Law)

Section 126 BNSS replaced Section 107 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 126 BNSS

When may an Executive Magistrate act under Section 126 BNSS?▼

An Executive Magistrate may act under Section 126(1) BNSS upon receiving information that any 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. If the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may require the person to show cause why they should not be ordered to execute a bond or bail bond for keeping the peace.

What instrument and maximum duration may be required under Section 126(1) BNSS?▼

Section 126(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond or bail bond for keeping the peace. The bond or bail bond may be required for such period as the Executive Magistrate thinks fit, subject to a maximum period not exceeding one year.

When does an Executive Magistrate have territorial jurisdiction under Section 126(2) BNSS?▼

Proceedings under Section 126(2) BNSS may be taken before any Executive Magistrate when the place where the breach of the peace or disturbance is apprehended is within the local jurisdiction of that Magistrate. Proceedings may also be taken before an Executive Magistrate when there is a person within that local jurisdiction who is likely to commit a breach of the peace, disturb the public tranquillity, or do any such wrongful act beyond that jurisdiction.

What changed between Section 107 CrPC and Section 126 BNSS?▼

Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, replaces Section 107 of the Code of Criminal Procedure, 1973. In Section 126(1) BNSS, the words bond with or without sureties in Section 107(1) CrPC are replaced with the words bond or bail bond, and the section heading omits the word the before peace. All other conditions, the one year maximum period, and the jurisdiction rules in Section 126(2) BNSS remain unchanged.

Section 126 BNSS: Sub-sections Explained

Section 126(1) BNSS: Security for keeping the peace in other cases

▶

Bare Act Text

(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.

Previous Law

CrPC 107 → Section 126(1) BNSS

Section 126(2) BNSS: Security for keeping the peace in other cases

▶

Bare Act Text

(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.

Previous Law

CrPC 107(2) → Section 126(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·