Introduction to Section 125 BNSS / Peace Bond After Conviction
Section 125 BNSS is part of Chapter IX of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with security for keeping peace and maintaining good behaviour. This section talks about situations where a person is convicted of certain offences, and the court feels it is necessary to take a bond (called a “peace bond”) from the person to ensure they don’t create trouble in the future.
What is BNSS Section 125 ?
BNSS Section 125 allows a court to ask a convicted person to sign a bond (or bail bond) promising to keep peace. This is done if the court thinks the person may cause further violence, threats, or disturbance. The bond can last up to three years. If the conviction is later cancelled, the bond becomes invalid automatically.
BNSS Section of 125 in Simple Points
1. Bond for Keeping Peace After Conviction
If a person is convicted of certain offences, the court can order them to sign a bond (or bail bond) to keep the peace. This is done to stop future violence or disturbance by that person. The bond is a legal promise to behave peacefully. This can be done at the time the punishment is announced.
2. Offences Where This Rule Applies
The court can use this rule for specific offences, such as:
- Crimes involving assault, criminal force, or intimidation
- Certain offences under Chapter XI of Bharatiya Nyaya Sanhita
- Crimes likely to cause fights, violence, or public disturbance
These are serious or semi-serious crimes where peace may be disturbed again.
3. Bond Duration and Court’s Decision
The court can fix a bond duration of up to three years. It is not a fixed period – the judge decides based on the situation and the risk the person poses. This ensures that the court uses the power responsibly and only when truly necessary.
4. Bond Becomes Void If Conviction Is Cancelled
If later, in an appeal or review, the person’s conviction is overturned or cancelled, the bond automatically becomes void. This protects the rights of innocent people, and ensures that only those truly convicted are required to follow the bond terms.
5. Power of Higher Courts
Not just trial courts, but even Appellate Courts or Revisional Courts can order such a peace bond. This means if a higher court finds a person guilty and sees a risk to peace, it can also make them sign a bond for good behaviour.
Section 125 of BNSS Overview
BNSS Section 125 gives the court the power to ask a convicted person to give a legal promise (called a “peace bond”) to behave properly and not disturb the peace again. This is done after the person is found guilty of certain offences like assault, threats, or causing public disturbance. If the court believes that the person might cause trouble again, it can order him to sign a bond for keeping peace for a time period, not more than three years. This section is mainly used to prevent future crimes and maintain public safety.Only serious courts, like a Magistrate of the First Class or a Court of Session, can apply this section. It can also be used by higher courts during appeal or revision.
10 Key Points – BNSS 125
1. Purpose of Section 125
BNSS Section 125 is designed to prevent future violence or disturbance after a person is convicted of certain offences. The court can order the convicted person to sign a bond, promising to maintain peace. This step ensures public safety by discouraging repeat offenders. It acts as a preventive legal measure. The bond is not a punishment, but a warning and a legal commitment. It gives the court a tool to control likely threats. This maintains law and order in the community.
2. When the Court Can Use This Section
The court can use Section 125 at the time of conviction if it believes that the person might cause more trouble after release. It is used when the court sees a future risk of violence, threats, or public disorder. The judge uses their understanding of the case and behaviour of the person. The purpose is to stop possible criminal actions. The court considers past actions and future risk. This provision is applied carefully. It ensures justice and prevention go hand in hand.
3. Types of Courts That Can Use This Section
A Court of Session or a Magistrate of the First Class can use this section. These courts usually handle serious or semi-serious cases. They have the legal power to issue peace bonds after conviction. This ensures that experienced judicial officers make such decisions. The courts are expected to use this power responsibly. It adds a safety layer after a criminal trial. The decision is made only after full examination of the case.
4. Duration of the Peace Bond
The maximum time a person can be asked to maintain peace under this bond is three years. The court decides the exact period based on the seriousness of the case. It might be shorter depending on the risk involved. The person must behave peacefully during this time. If they break the terms, they may face consequences. This time limit ensures fairness and avoids lifelong restrictions. The court balances punishment and freedom carefully.
5. Types of Offences Included
Section 125 applies to certain offences, including assault, criminal intimidation, mischief, and some under Chapter XI of the Bharatiya Nyaya Sanhita. These are generally crimes where there is a chance of repeat violence. If the person has shown violent or aggressive behaviour, this section can apply. It is also used when crimes affect public safety. The law targets individuals who could disturb the peace again. It prevents future offences before they happen.
6. Bond or Bail Bond Requirement
The person may be ordered to sign a bond or bail bond. This bond is a written legal promise to not break the peace. Sometimes, a money amount is fixed in the bond. If the person fails to behave, the money can be forfeited. This acts as a strong motivation to follow the rules. It gives legal weight to the peacekeeping order. The bond is enforceable in court.
7. If the Conviction is Reversed
If the convicted person appeals and the conviction is cancelled, then the bond automatically becomes void. This means the person no longer needs to follow the peace bond conditions. This protects innocent people who may have been wrongly convicted. It ensures fairness and avoids misuse. The law respects the right to appeal. It keeps the bond linked to a valid conviction. Without conviction, no bond can exist.
8. Power of Higher Courts
Not just the trial court, but Appellate Courts and Revisional Courts also have the power to issue peace bonds. If a higher court confirms a conviction and sees risk, it can also apply this section. This gives multiple levels of courts authority to ensure peace. It strengthens the justice system. Such flexibility improves legal control. Courts at all levels can contribute to public safety using this section.
9. Preventing Repeat Offences
The core aim of BNSS Section 125 is to prevent repeat offences. By legally binding the person to behave, the law discourages future crimes. It is a smart step that protects society after someone is found guilty. It creates a legal warning for the convict. If the bond is broken, further legal action can be taken. This method is preventive, not punitive. It encourages reformation and careful behaviour.
10. Safeguard for Public Peace
Public peace is a top priority under BNSS. This section works as a protective shield for society. It helps the court keep an eye on those who might cause problems again. It also encourages the convicted person to stay calm and not engage in fights or threats. This promotes harmony in communities. Law and order are maintained after the trial ends. The peace bond is one of the tools to achieve this.
Examples of BNSS Section 125
Example 1:
Ravi is convicted of criminal intimidation after threatening a neighbour over a property dispute. The Magistrate, noticing his aggressive nature and past warnings, orders him to sign a bond for good behaviour for 2 years under Section 125. If he threatens anyone again, legal action will follow.
Example 2:
An individual is convicted of assaulting a shopkeeper during a political rally. The Sessions Court, fearing the person may repeat similar actions in future events, asks him to sign a peace bond for 1.5 years. This prevents the individual from participating in any violent protests again.
Section 125 of BNSS Short Information
| Key Point | Simple Explanation |
|---|---|
| Bond After Conviction | Court can ask convicted person to sign a peace bond |
| Offences Covered | Assault, criminal force, intimidation, and certain Chapter XI offences |
| Maximum Duration | Bond can be for a period up to 3 years, based on court’s judgment |
| Bond Ends if Conviction Reversed | If conviction is cancelled on appeal, bond becomes automatically void |
| Power of Higher Courts | Appellate or Revisional Courts can also make such orders |
BNSS Section 125 FAQs
BNSS 125
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