Section 128 BNSS: Security for good behaviour from suspected persons

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 128 BNSS at a Glance

Section 128 BNSS deals with security for good behaviour from suspected persons. It replaced Section 109 CrPC on 1 July 2024.

Was CrPC

Section 109 →

Section 128 BNSS Bare Act Text

128. Security for good behaviour from suspected persons

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.

Source: Section 128, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 128 BNSS in Simple Words

Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from suspected persons.

When an Executive Magistrate receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence, and there is reason to believe that the person is doing so with a view to committing a cognizable offence, the Magistrate may require that person to show cause why the 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.

When Section 128 BNSS Applies

  • Under Section 128 BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act.
  • The Magistrate may act where there is reason to believe that the person is taking those precautions with a view to committing a cognizable offence.
  • The Magistrate may require such person to show cause why the person should not be ordered to execute a bond or bail bond for good behaviour.

Time Limits Under Section 128 BNSS

  • Under Section 128 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 128 BNSS

Deepak is taking precautions to conceal Deepak's presence within the local jurisdiction of an Executive Magistrate. The Executive Magistrate receives information about Deepak, and there is reason to believe that Deepak is doing so with a view to committing a cognizable offence. Under Section 128 BNSS the Magistrate may require Deepak to show cause why Deepak 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.

When Section 128 BNSS Does Not Apply

  • Section 128 BNSS speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.

Section 128 BNSS in the CrPC (Previous Law)

Section 128 BNSS replaces Section 109 CrPC from the old criminal code.

Section 109 CrPC is found in Section 128 BNSS from 1 July 2024, with the same heading. Section 128 BNSS reads a bond or bail bond where Section 109 CrPC read a bond, with or without sureties, a change of form. The rest of the text is the same.

View CrPC Section 109 →

FAQs on Section 128 BNSS

Who may act under Section 128 BNSS, and on what information?▼

Under Section 128 BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act, where there is reason to believe that the person is doing so with a view to committing a cognizable offence.

What may the Magistrate require under Section 128 BNSS?▼

The Magistrate may, in the manner provided later in Chapter IX of the Sanhita, require such person to show cause why the person should not be ordered to execute a bond or bail bond for good behaviour.

For how long can a bond or bail bond under Section 128 BNSS run?▼

Under Section 128 BNSS the bond or bail bond is for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

What changed from Section 109 CrPC to Section 128 BNSS from 1 July 2024?▼

Section 128 BNSS has the same heading as Section 109 CrPC. Section 128 BNSS reads a bond or bail bond where Section 109 CrPC read a bond, with or without sureties. 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. The rest of the text is the same.

Have questions about Section 128 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·