Introduction to Section 129 BNSS / Law Against Repeat Crimes & Good Behaviour Bond
BNSS Section 129 is a preventive law. It gives power to an Executive Magistrate to take action against people who regularly commit crimes and are seen as habitual offenders. If such a person is found in the magistrate’s area, he can be asked to give a bond (promise) of good behaviour. This bond can be for up to 3 years.
What is BNSS Section 129 ?
BNSS Section 129 is a preventive legal measure that allows an Executive Magistrate to take action against habitual offenders. If a person is known to repeatedly commit crimes like theft, cheating, or forgery, the Magistrate can ask them to sign a bond for good behaviour for up to 3 years. This helps in protecting society from repeat offenders.
BNSS Section of 129 in Simple Points
1. Applies to Habitual Offenders
BNSS Section 129 deals with habitual criminals, meaning people who commit crimes again and again. These are not one-time offenders, but those who have a pattern of criminal behaviour such as theft, forgery, cheating, or even harbouring thieves. The law gives special attention to such individuals because their repeated actions are a threat to public safety. The goal is to identify and monitor such persons before they commit more crimes.
2. Magistrate Can Demand Good Behaviour Bond
If a Magistrate gets reliable information about a habitual offender living in his area, he can take action under this section. The Magistrate can call the person and ask them to explain why they should not be asked to sign a bond. This bond is a promise to stay out of trouble. If the person fails to give a valid reason, the Magistrate can order them to sign the good behaviour bond with or without sureties (guarantors).
3. Bond Valid for Up to 3 Years
The duration of the bond under BNSS Section 129 is not more than three years. This means the person must behave properly and not commit any offence during this period. If they break the rules of the bond or get involved in any crime again, they may face legal consequences. This time-bound condition helps the authorities keep track of the person and ensures constant legal pressure on habitual offenders to act responsibly.
4. Covers Various Types of Repeated Crimes
This section is not limited to theft or robbery alone. It includes people who regularly receive or sell stolen goods, help criminals hide, commit cheating, kidnapping, extortion, mischief, or are involved in crimes under other important Acts like the Drugs and Cosmetics Act, Food Safety Act, Customs Act, etc. It even covers those involved in corruption, hoarding, adulteration, or anything that disturbs public peace. This wide coverage makes the section strong and flexible.
5. A Preventive Law, Not Punishment
It is important to note that BNSS Section 129 is a preventive law, not a punishment. The purpose is to stop crimes before they happen. If someone is likely to commit offences because of their past behaviour, the law gives the Magistrate the power to control the situation early. This helps keep the community safe and sends a warning to repeat offenders that their actions are being watched closely by the law.
Section 129 of BNSS Overview
BNSS Section 129 is designed to safeguard society from habitual offenders by empowering the Executive Magistrate to take preventive action. It addresses individuals who have a consistent pattern of criminal behaviour and may pose a threat to public safety and peace. This section mandates that such persons be required to give a bond or bail bond to ensure their good behaviour for a specified period, typically not exceeding three years.
Here are 10 key points that explain this section in detail:
1. Habitual Offenders and their Identification
BNSS Section 129 focuses on habitual offenders—individuals who repeatedly commit specific crimes. The law targets those who regularly engage in criminal activities like robbery, housebreaking, theft, forgery, and others. These individuals, due to their repeated criminal actions, are considered a risk to public safety.
Example: A person known to have committed multiple burglaries in the past and is suspected of planning future crimes could be identified under this section.
2. Offences Mentioned in the Section
The section specifically lists crimes such as robbery, house-breaking, forgery, receiving stolen property, and several others. It also includes offences under certain laws, like the Drugs and Cosmetics Act, the Food Safety Act, and the Essential Commodities Act, among others. This wide-ranging list helps ensure that various habitual criminals, even those engaged in economic crimes, can be controlled.
Example: A person who continuously deals in counterfeit goods or engages in smuggling activities could be detained under this law.
3. Protection and Harbouring of Criminals
BNSS Section 129 also targets individuals who may not commit the crime themselves but are involved in aiding criminals by harbouring them or concealing stolen property. Such persons could also be considered habitual offenders, and the law ensures that they are prevented from further assisting criminal activities.
Example: A person who knowingly hides a thief or helps dispose of stolen goods could be targeted under this section.
4. Impact on Peace and Security
The section covers habitual offenders who engage in activities that cause a breach of the peace or disturb public tranquillity. Individuals who repeatedly commit crimes like kidnapping, extortion, or mischief often lead to ongoing public disturbances. BNSS Section 129 aims to prevent this cycle by requiring offenders to provide security for their good behaviour.
Example: A person with a history of extortion may be detained to prevent further violence and threats to others.
5. Duration of the Bond
The Executive Magistrate has the authority to decide the duration for which the bond or bail bond should be enforced, with a maximum period of three years. This allows the court to tailor the punishment to the severity of the offence and the risk posed by the individual.
Example: A habitual offender caught for a non-violent crime like theft may be asked to provide a bond for one year, while a more dangerous criminal involved in violent crimes may be required to provide a bond for the full three years.
6. Role of the Executive Magistrate
The Executive Magistrate plays a central role in deciding who needs to be controlled under this law. Upon receiving information about a suspected habitual offender, the magistrate can order the person to show cause why they should not be ordered to provide a bond for good behaviour. The magistrate assesses the risk and decides the length of the bond.
7. Public Safety Concerns
The law addresses public safety concerns by detaining habitual offenders who are deemed to be dangerous to the community. If an offender’s release without a bond is believed to be hazardous, the magistrate can impose strict conditions to prevent harm.
Example: A person with a history of violent behaviour, such as extortion or assault, could be considered a danger to the community and be kept under strict supervision.
8. Customizable Bonds Based on Risk
The magistrate has the discretion to impose bonds or bail bonds that are appropriate for the offender’s risk level. This means that not all offenders are treated the same, and those who pose a higher risk to society can face stricter conditions.
9. The Flexibility of the Law
BNSS Section 129 is flexible, allowing the Executive Magistrate to adapt the bond or bail bond duration to suit each case. This flexibility ensures that the law remains fair while providing adequate security for public safety.
10. Monitoring Habitual Criminal Behaviour
BNSS Section 129 ensures ongoing monitoring of habitual offenders. By requiring these individuals to pledge their good behaviour, the law helps authorities track the offenders, reduce their chances of committing future crimes, and ensure public safety.
Example 1 of BNSS 129
A person with a long history of theft and burglary in the local area is caught once again attempting to break into a house. Based on his repeated criminal history, the Executive Magistrate can order him to execute a bond for good behaviour for up to three years to prevent future crimes.
Example 2 of BNSS 129
A man with a record of receiving stolen goods and aiding burglars is caught again with stolen property. The magistrate orders him to show cause why he should not be required to execute a bond to ensure his good behaviour, preventing further harm to the community.
Section 129 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Habitual Offenders | Targets individuals who repeatedly commit crimes like theft, robbery, or forgery. |
| 2. List of Offences | Includes offences under various laws like the Drugs and Cosmetics Act, Food Safety Act, etc. |
| 3. Protection of Public Peace | Prevents habitual offenders from disturbing the public peace or committing crimes affecting safety. |
| 4. Discretion of Magistrate | The magistrate decides the length of the bond, up to a maximum of three years. |
| 5. Bond Enforcement | The bond ensures that offenders behave properly and do not engage in future criminal activities. |
BNSS Section 129 FAQs
BNSS 129
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