Section 127 BNSS: Security for good behaviour from persons disseminating certain matters
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 127 BNSS at a Glance
Section 127 BNSS deals with security for good behaviour from persons disseminating certain matters. It replaced Section 108 CrPC on 1 July 2024.
Section 127 BNSS Bare Act Text
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Source: Section 127, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 127 BNSS in Simple Words
Section 127 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from persons disseminating certain matters.
When an Executive Magistrate receives information that a person within the local jurisdiction of the Magistrate intentionally disseminates, attempts to disseminate or abets the dissemination of matter described in Section 127(1)(i) BNSS, or puts into circulation obscene matter described in Section 127(1)(ii) BNSS, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may require that person to show cause why that person should not be ordered to execute a bond or bail bond for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
Section 127(2) BNSS sets a condition for proceedings against the editor, proprietor, printer or publisher of a registered publication.
When Section 127 BNSS Applies
- Under Section 127(1) BNSS an Executive Magistrate who receives information that a person within the Magistrate's local jurisdiction, within or without that jurisdiction, does one of the acts described in Section 127(1)(i) BNSS or Section 127(1)(ii) BNSS may act if the Magistrate is of opinion that there is sufficient ground for proceeding.
- Section 127(1)(i)(a) BNSS covers a person who, orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023.
- Section 127(1)(i)(b) BNSS covers a person who does so with any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under the Sanhita.
- Section 127(1)(ii) BNSS covers a person who makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Sanhita.
- The Magistrate may require such person to show cause why that person should not be ordered to execute a bond or bail bond for good behaviour.
- Under Section 127(2) BNSS no proceedings shall be taken against the editor, proprietor, printer or publisher of a publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, with reference to any matter contained in the publication, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Time Limits Under Section 127 BNSS
- Under Section 127(1) BNSS the bond or bail bond for good behaviour is for such period, not exceeding one year, as the Magistrate thinks fit.Act text: “for such period, not exceeding one year, as the Magistrate thinks fit”
Example of Section 127 BNSS
When Section 127 BNSS Does Not Apply
- Section 127(1)(i)(b) BNSS speaks of matter concerning a Judge acting or purporting to act in the discharge of official duties. It does not deal with defamatory matter about a person who is not a Judge.
- Section 127(1) BNSS speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.
Section 127 BNSS in the CrPC (Previous Law)
Section 127 BNSS replaced Section 108 CrPC from 1 July 2024.
Section 108 CrPC is found in Section 127 BNSS from 1 July 2024. Section 127 BNSS is headed disseminating certain matters where Section 108 CrPC was headed disseminating seditious matters. Section 127(1)(i)(a) BNSS refers to section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 where Section 108(1)(i)(a) CrPC referred to section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. Section 127(1)(i)(b) BNSS and Section 127(1)(ii) BNSS refer to that Sanhita and section 294 where Section 108(1) CrPC referred to the Indian Penal Code and section 292. Section 127(1) BNSS reads a bond or bail bond where Section 108(1) CrPC read a bond, with or without sureties, a change of form. Section 127(2) BNSS reads as Section 108(2) CrPC read.
Each sub-section below names its own source.
FAQs on Section 127 BNSS
Who may act under Section 127 BNSS, and on what information?▼
Under Section 127(1) BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who, within or without that jurisdiction, does an act described in Section 127(1)(i) BNSS or Section 127(1)(ii) BNSS may, if of opinion that there is sufficient ground for proceeding, require that person to show cause why that person should not be ordered to execute a bond or bail bond for good behaviour.
What matter does Section 127 BNSS cover?▼
Section 127(1)(i)(a) BNSS covers dissemination of any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023. Section 127(1)(i)(b) BNSS covers any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under that Sanhita. Section 127(1)(ii) BNSS covers obscene matter such as is referred to in section 294 of that Sanhita.
How long can a bond or bail bond under Section 127 BNSS run, and what does Section 127(2) BNSS say about registered publications?▼
Under Section 127(1) BNSS the bond or bail bond is for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. Section 127(2) BNSS says that no proceedings shall be taken against the editor, proprietor, printer or publisher of a registered publication, with reference to any matter contained in it, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
What changed from Section 108 CrPC to Section 127 BNSS from 1 July 2024?▼
From 1 July 2024, Section 127 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 108 of the Code of Criminal Procedure, 1973. Section 127 BNSS is headed Security for good behaviour from persons disseminating certain matters where Section 108 CrPC was headed Security for good behaviour from persons disseminating seditious matters. Section 127(1)(i)(a) BNSS refers to section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 where Section 108(1)(i)(a) CrPC referred to section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. Section 127(1)(i)(b) BNSS refers to that Sanhita and Section 127(1)(ii) BNSS to section 294 of that Sanhita where Section 108(1) CrPC referred to the Indian Penal Code and section 292. Section 127(1) BNSS reads a bond or bail bond where Section 108(1) CrPC read a bond, with or without sureties, a change of form because 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 127 BNSS: Sub-sections Explained
Section 127(1) BNSS: Security for good behaviour from persons disseminating seditious matters
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Bare Act Text
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
Section 127(2) BNSS: Security for good behaviour from persons disseminating seditious matters
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Bare Act Text
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·