सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 127

Security for good behaviour from persons disseminating certain matters

(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—

(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023,

and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Why this exists

This provision continues a colonial-era mechanism (originally Section 108 of the Code of Criminal Procedure, 1898/1973) meant to let magistrates pre-emptively restrain people who spread seditious, communally inflammatory, or obscene material, without waiting for a full criminal trial. With the Bharatiya Nyaya Sanhita, 2023 replacing sedition with narrower offences against national security and integration, this section was updated to reference the new BNS sections while keeping the same preventive-justice logic: protect public order, communal harmony, judicial dignity, and public morality from repeated harmful dissemination.

How courts read it

Under the earlier, similarly worded Section 108 CrPC, courts held that such preventive proceedings must be used sparingly and only when there is credible, specific material showing intentional and habitual dissemination—not for isolated or trivial incidents. Courts also emphasised that the safeguard for the press (now in sub-section 2) exists to prevent misuse against legitimate journalism, requiring government sanction before action against registered publications. These judicial principles are expected to continue guiding interpretation of the renumbered provision.

Common misconceptions
  • Myth: This section punishes people by sending them to jail for what they said.
    Fact: It is a preventive measure requiring a bond for good behaviour, not a criminal conviction or automatic imprisonment.
  • Myth: Any journalist can be hauled up under this section for controversial reporting.
    Fact: Sub-section (2) specifically shields editors, printers, and publishers of properly registered publications unless the State Government or its authorised officer approves action.