Bharatiya Nagarik Suraksha Sanhita, 2023
Section 128
Security for good behaviour from suspected persons
When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.
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.