सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 128

Security for good behaviour from suspected persons

Why this exists

This provision is a preventive-justice tool, carried forward from Section 108 of the old Code of Criminal Procedure, 1973, and rooted in colonial-era policing law meant to let authorities act before a crime happens rather than only after. The idea is that people who conceal their identity or whereabouts in suspicious circumstances may be preparing to commit offences, and requiring a security bond acts as a deterrent and an early warning mechanism, without waiting for an actual crime to occur.

How courts read it

Courts have consistently held that such preventive-security provisions must be used cautiously and are not a substitute for ordinary criminal prosecution. Judges have emphasised that mere suspicion or vague information is not enough — there must be credible, specific material showing concealment and intent to commit a cognizable offence, since these powers curtail personal liberty without a trial. Courts have quashed proceedings started on flimsy or generalised police reports lacking real substance.

Common misconceptions
  • Myth: This means anyone who avoids people or lives quietly can be arrested.
    Fact: The law requires more than just being private — there must be a genuine, reasoned belief that the concealment is meant to help commit a specific serious crime, not just a suspicious lifestyle.
  • Myth: Signing the bond means the person is guilty of a crime.
    Fact: It's a preventive measure, not a conviction — no crime has been proven or even necessarily attempted; it's only about assuring future good conduct.