Section 129 BNSS: Security for good behaviour from habitual offenders
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 129 BNSS at a Glance
Section 129 BNSS deals with security for good behaviour from habitual offenders. It replaced Section 110 CrPC on 1 July 2024.
Section 129 BNSS Bare Act Text
129. Security for good behaviour from habitual offenders
When an Executive Magistrate receives information that there is within his local jurisdiction a person who—
(a) is by habit a robber, house-breaker, thief, or forger; or
(b) is by habit a receiver of stolen property knowing the same to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or
(f) habitually commits, or attempts to commit, or abets the commission of—
(i) any offence under one or more of the following Acts, namely:—
(a) the Drugs and Cosmetics Act, 1940;
(b) the Foreigners Act, 1946;
(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952;
(d) the Essential Commodities Act, 1955;
(e) the Protection of Civil Rights Act, 1955;
(f) the Customs Act, 1962;
(g) the Food Safety and Standards Act, 2006; or
(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or
(g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
Source: Section 129, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 129 BNSS in Simple Words
Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from habitual offenders.
When an Executive Magistrate receives information that there is within the local jurisdiction of the Magistrate a person who falls within any of Section 129(a) BNSS to Section 129(g) BNSS, such as a person who is by habit a robber, house-breaker, thief, or forger, or who is so desperate and dangerous as to render being at large without security hazardous to the community, the Magistrate may require that person to show cause why the person should not be ordered to execute a bail bond for good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
When Section 129 BNSS Applies
- Under Section 129 BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who falls within Section 129(a) BNSS to Section 129(g) BNSS may act.
- Section 129(a) BNSS, Section 129(b) BNSS and Section 129(c) BNSS cover a person who is by habit a robber, house-breaker, thief, or forger, who is by habit a receiver of stolen property knowing the same to have been stolen, or who habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property.
- Section 129(d) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita.
- Section 129(e) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace.
- Section 129(f) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, any offence under one or more of the Acts named in Section 129(f)(i) BNSS, or any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
- Section 129(g) BNSS covers a person who is so desperate and dangerous as to render being at large without security hazardous to the community.
- The Magistrate may require such person to show cause why the person should not be ordered to execute a bail bond for good behaviour.
Time Limits Under Section 129 BNSS
- Under Section 129 BNSS the bail bond for good behaviour is for such period, not exceeding three years, as the Magistrate thinks fit.Act text: “for such period, not exceeding three years, as the Magistrate thinks fit”
Example of Section 129 BNSS
When Section 129 BNSS Does Not Apply
- Section 129 BNSS speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.
Section 129 BNSS in the CrPC (Previous Law)
Section 129 BNSS replaces Section 110 CrPC from the old criminal code.
Section 110 CrPC is found in Section 129 BNSS from 1 July 2024, with the same heading. Section 129(d) BNSS refers to Chapter X and section 178, section 179, section 180 or section 181 of the Bharatiya Nyaya Sanhita, 2023 where Section 110(d) CrPC referred to Chapter XII and section 489A, section 489B, section 489C or section 489D of the Indian Penal Code. In the list of Acts, Section 129(f)(i) BNSS has no counterpart to the Foreign Exchange Regulation Act, 1973 or the Prevention of Food Adulteration Act, 1954, names the Protection of Civil Rights Act, 1955 and the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 where Section 110(f)(i) CrPC named other Acts, and adds the Food Safety and Standards Act, 2006. Section 129 BNSS reads a bail bond where Section 110 CrPC read a bond, with sureties, a change of form.
View CrPC Section 110 →FAQs on Section 129 BNSS
Who may be required to show cause under Section 129 BNSS?▼
Under Section 129 BNSS an Executive Magistrate may act on information that there is within the local jurisdiction of the Magistrate a person who is by habit a robber, house-breaker, thief, or forger, who is by habit a receiver of stolen property knowing the same to have been stolen, who habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, who habitually commits, or attempts to commit, or abets the commission of, the offences described in Section 129(d) BNSS, Section 129(e) BNSS or Section 129(f) BNSS, or who is so desperate and dangerous as to render being at large without security hazardous to the community.
Which Acts are named in Section 129(f)(i) BNSS?▼
Section 129(f)(i) BNSS names the Drugs and Cosmetics Act, 1940, the Foreigners Act, 1946, the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, the Essential Commodities Act, 1955, the Protection of Civil Rights Act, 1955, the Customs Act, 1962 and the Food Safety and Standards Act, 2006. Section 129(f)(ii) BNSS adds any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
What bail bond may be ordered under Section 129 BNSS, and for how long?▼
The Magistrate may require such person to show cause why the person should not be ordered to execute a bail bond for good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
What changed from Section 110 CrPC to Section 129 BNSS from 1 July 2024?▼
Section 129 BNSS has the same heading as Section 110 CrPC. Section 129(d) BNSS refers to Chapter X and section 178, section 179, section 180 or section 181 of the Bharatiya Nyaya Sanhita, 2023 where Section 110(d) CrPC referred to Chapter XII and section 489A, section 489B, section 489C or section 489D of the Indian Penal Code. In the list of Acts, Section 129(f)(i) BNSS has no counterpart to the Foreign Exchange Regulation Act, 1973 or the Prevention of Food Adulteration Act, names the Protection of Civil Rights Act, 1955 where the Untouchability Offences Act, 1955 was named, the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 where the Employees' Provident Fund and Family Pension Fund Act, 1952 was named, and adds the Food Safety and Standards Act, 2006. Section 129 BNSS reads a bail bond where Section 110 CrPC read a bond, with sureties, which Section 2(1)(d) BNSS defines as an undertaking for release with surety.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·