Introduction to Section 128 BNSS / Security for Good Behaviour from Suspected Offenders
Section 128 BNSS is a rule that helps stop serious crimes before they happen. If someone is hiding their identity or location, and there is a reason to believe they are doing this to commit a serious crime (cognizable offence), then the Executive Magistrate can ask that person to sign a bond. This bond is a promise to behave well for up to one year. If they refuse, the Magistrate can take further legal steps.
What is BNSS Section 128 ?
BNSS Section 128 deals with people who are hiding their identity or location, and it is believed that they are doing this to commit a cognizable offence (a serious crime). The section allows an Executive Magistrate to take preventive action by demanding such a person to provide a bond of good behaviour — a legal promise to behave properly for a fixed period (not more than one year). The goal of this section is to prevent crime before it happens.
BNSS Section of 128 in Simple Points
1. Applies to People Who Are Hiding Their Identity
BNSS Section 128 is mainly used for those people who are deliberately hiding themselves—like changing their location frequently, using false names, or avoiding police checks. This kind of behaviour raises suspicion. If the Executive Magistrate gets reliable information that a person is doing these things to stay hidden, they may take action. Hiding like this is often a red flag that someone is preparing for illegal activity.
2. Used When a Cognizable Offence is Suspected
This section is not for small or petty offences. It applies when there is a chance that the hidden person is planning a cognizable offence—which means a serious crime, like murder, dacoity, kidnapping, or arson. These are crimes where police can arrest without a warrant. So, if someone is hiding and there’s reason to believe they’re preparing for such a crime, this section helps stop them before harm is done.
3. Role of Executive Magistrate
The Executive Magistrate plays a key role under this section. They must receive credible information and must also believe that the concern is genuine. Only then can they take legal steps. They don’t directly punish the person but ask them to “show cause”—which means the person must explain why they should not be legally bound to behave well. It’s like giving them a chance to defend themselves first.
4. Bond or Bail Bond for Good Behaviour
If the Magistrate is still not satisfied after hearing the person, they can order them to sign a bond or bail bond. This is a legal document where the person promises to behave well for a set period of time (up to one year). If the person refuses to sign or breaks the bond, further legal action can be taken. This is a preventive step—used to stop crime before it actually happens.
5. Helps Maintain Peace and Safety in Society
The main purpose of Section 128 is to keep society safe. It allows authorities to take action before a crime is committed, especially when someone is clearly preparing for something unlawful. By making suspected persons sign a bond, it discourages them from doing anything wrong. This helps to maintain public peace, law, and order—especially in areas where there is tension or fear of crimes.
Section 128 of BNSS Overview
BNSS Section 128 deals with the security for good behaviour from suspected persons. It empowers an Executive Magistrate to take action against individuals who are suspected of preparing to commit a cognizable offence. If the magistrate receives information that a person is deliberately concealing their presence with the intention to commit a serious crime, they can order the person to show cause why they should not be required to sign a bond promising good behaviour. The period of good behaviour can be up to one year. This provision is preventive, aimed at stopping crimes before they occur by making the suspected individual promise to behave well.
10 Key Points of BNSS Section 128
1. Focus on Prevention, Not Punishment
BNSS 128 is not about punishing someone after a crime. Instead, it gives power to the Magistrate to act before a crime happens. If someone is behaving suspiciously, especially trying to hide themselves, and it looks like they may commit a serious offence, the Magistrate can step in and stop it early.
2. Target: Suspected Persons Hiding Intentionally
This section applies specifically to those who are concealing their presence on purpose. It could be someone who is constantly changing locations, avoiding police, or hiding identity. If it appears they are doing this with a plan to commit a crime, action can be taken under this section.
3. Information-Based Action by Magistrate
The Magistrate must receive credible information or reports — such as from police officers, locals, or intelligence units — that someone is hiding with an intention to do something illegal. Only then can they proceed with this legal action.
4. Magistrate Can Demand a Bond of Good Behaviour
Once convinced, the Magistrate can issue a notice to the person, asking them to show cause (give an explanation) why they should not be asked to sign a bond or bail bond. This bond is a formal agreement to stay out of trouble for a certain period.
5. Period of Bond Cannot Exceed One Year
The person can be required to remain on good behaviour for a maximum of one year. The exact time is decided by the Magistrate based on the seriousness of the suspicion and the risk involved.
6. The Person Gets a Chance to Defend Themselves
Before forcing someone to sign a bond, they must be given a fair opportunity to explain themselves. If they can prove they are not planning any offence and the suspicion is wrong, the Magistrate may drop the case.
7. Applies Only to Cognizable Offences
The suspected person must be believed to be planning a cognizable offence — crimes like murder, kidnapping, theft, robbery, etc., for which a police officer can arrest without a warrant. Minor offences do not fall under this section.
8. Legal Action Only Within Magistrate’s Jurisdiction
The person must be present within the local area of the Magistrate’s control. If the suspect is in a different area, a separate Magistrate there must take action. This ensures legal authority is not misused.
9. No Arrest Needed – Just a Legal Warning
This law is not about arresting the person immediately. Instead, it gives a warning through a legal promise. If the person breaks this promise later, then further legal steps can be taken.
10. Helps in Keeping Society Peaceful and Safe
The real aim of Section 128 is to maintain peace and protect the public by stopping dangerous acts before they happen. It’s like setting up a legal boundary that keeps people from crossing into criminal activity.
Examples of BNSS Section 128
Example 1:
A person with a criminal past is staying secretly in a village. Locals inform the police that he might be planning a robbery. The Executive Magistrate receives this report and uses BNSS Section 128 to ask the man to sign a bond for good behaviour.
Example 2:
A youth is moving around cities without revealing his identity and is avoiding police checks. Intelligence suggests he may be planning a kidnapping. The Magistrate uses BNSS Section 128 to prevent the crime by requiring a bond from the youth.
Section 128 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Concealing Presence | Section 128 applies when a person is hiding their presence or location, which creates suspicion of preparing for illegal activities. |
| 2. Suspected of a Cognizable Offence | It targets individuals suspected of committing serious crimes like murder, robbery, or other cognizable offences, where immediate police action can be taken. |
| 3. Role of the Executive Magistrate | Executive Magistrates receive credible information and are empowered to take preventive action, including asking a person to explain their actions. |
| 4. Requirement for a Bond or Bail Bond | The magistrate can require the person to sign a bond promising to behave well for up to one year. If they fail to comply, further legal actions may be taken. |
| 5. Preventive Measure for Public Safety | This section is a preventive measure to avoid crimes before they occur and ensure public peace and order by making suspected criminals promise to act responsibly. |
BNSS Section 128 FAQs
BNSS 128
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