Bharatiya Nagarik Suraksha Sanhita, 2023
Section 126
Security for keeping peace in other cases
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (earlier Section 107 of the Code of Criminal Procedure, 1973, itself rooted in colonial-era preventive justice laws) that lets magistrates step in before a crime happens, not just after. The idea is to let local authorities defuse tension — disputes, feuds, threats — before they turn into violence, by getting a formal promise of good behaviour from the person seen as a risk.
How courts read it
Courts have generally emphasised that this is a preventive, not punitive, power — it should be used cautiously and only when there is real, specific material suggesting a likely breach of peace, not vague suspicion or rumour. Judges have stressed that the Magistrate must record clear reasons showing 'sufficient ground' before proceeding, and that this process cannot be used as a backdoor way to punish someone or settle personal scores.
Common misconceptions
- Myth: This section is used to punish someone for a crime they already committed.
Fact: It is a preventive measure, meant to stop a possible future breach of peace — not a punishment for a past offence. - Myth: Any magistrate anywhere can act under this law regardless of location.
Fact: Only an Executive Magistrate with jurisdiction over the place where trouble is expected, or where the suspected person is located, can start these proceedings.