126 BNSS allows an Executive Magistrate to ask a person who is likely to disturb public peace to sign a bond or bail bond, promising good conduct for up to one year.
Quick Stats: 126 BNSS At A Glance
Before the details, here are the hard facts on Section 126 BNSS in one place. Keep this table handy; every later section builds on it.
| Detail | Fact |
|---|---|
| Full name | Section 126, Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Replaces | Section 107, Code of Criminal Procedure, 1973 |
| Chapter | Chapter IX of BNSS (Sections 125 to 143) |
| Who acts | Executive Magistrate |
| Trigger | Information that a person is likely to breach the peace or disturb public tranquillity |
| What the magistrate asks | Why a bond or bail bond should not be taken |
| Maximum period | Up to 1 year |
| Nature | Preventive, not a punishment |
| Written order rule | Section 130 (substance of the information must be stated) |
| Challenge route | Reply to the magistrate; petition in the High Court under Section 528 BNSS |
| Status in 2026 | In force since 1 July 2024 |
What Is 126 BNSS In Simple Words?
Under Section 126 BNSS, the rule is a “promise before trouble”. Think of 126 BNSS as that promise. If a magistrate gets reliable information that someone may break the peace, the magistrate can call that person and ask: “Why should I not take a written promise from you to behave for up to one year?” That promise is called a bond.
The section does not punish anyone. It does not say you did something wrong. It says trouble looks likely and the law wants to stop it early.
| Term | Simple meaning |
|---|---|
| Breach of peace | Fights, threats or disorder that disturb people’s calm |
| Public tranquillity | The general calm of a locality |
| Show cause | Explain why an action should not be taken against you |
| Bond | A written promise to keep the peace for a fixed time |
| Bail bond | A bond backed by sureties who risk money if the promise breaks |
| Surety | A person who vouches for you |
| Preventive action | Steps taken before any offence happens |
Section 126 BNSS: The Exact Wording, Broken Into Small Pieces
The law has two short parts. Reading them slowly is the fastest way to understand what a magistrate can and cannot do. Under Section 126 BNSS, every step depends on three things: information, an opinion and a notice.
| Part of the section | What it says | Meaning in plain words |
|---|---|---|
| Sub-section (1): information | The Executive Magistrate “receives information” | Something must reach the magistrate first |
| Sub-section (1): likelihood | A person is likely to breach the peace, disturb tranquillity or do a wrongful act that may probably cause it | Real risk, not a wild guess |
| Sub-section (1): opinion | Magistrate thinks there is sufficient ground to proceed | The magistrate must apply their own mind |
| Sub-section (1): notice | Person is asked to show cause why a bond or bail bond should not be ordered | You get a chance to reply |
| Sub-section (1): limit | Bond period not more than one year | A hard ceiling |
| Sub-section (2): place | Action can be taken where the trouble is feared, or where the person lives | Jurisdiction can follow either place |
126 BNSS In Hindi: हिंदी में सरल अर्थ
धारा 126 BNSS (भारतीय नागरिक सुरक्षा संहिता, 2023) के अनुसार, अगर कार्यपालक मजिस्ट्रेट (Executive Magistrate) को जानकारी मिलती है कि कोई व्यक्ति शांति भंग कर सकता है या इलाके की शांति बिगाड़ सकता है, तो मजिस्ट्रेट उस व्यक्ति से पूछ सकता है कि उससे एक साल तक शांति बनाए रखने का बॉन्ड क्यों न भरवाया जाए। यह कोई सज़ा नहीं है। यह अपराध होने से पहले उठाया गया रोकथाम का कदम है।
| Hindi शब्द | English meaning |
|---|---|
| शांति भंग | Breach of peace |
| लोक शांति | Public tranquillity |
| कारण बताओ नोटिस | Show-cause notice |
| बंधपत्र (बॉन्ड) | Bond |
| जमानतदार | Surety |
| कार्यपालक मजिस्ट्रेट | Executive Magistrate |
126 BNSS In CrPC: Old Section 107 Versus The New Rule
People who studied the old code ask the obvious question: what changed? Honestly, not much. The 126 BNSS In CrPC story is one of careful carry-over, with the old Section 107 moving into a new number, a new chapter and slightly new wording about bonds.
| Feature | CrPC Section 107 (old) | BNSS Section 126 (new) |
|---|---|---|
| Law | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Chapter | Chapter VIII | Chapter IX |
| Who acts | Executive Magistrate | Executive Magistrate |
| Trigger | Likely breach of peace or tranquillity | Same |
| Bond wording | Bond “with or without sureties” | Bond “or bail bond” |
| Maximum period | One year | One year |
| Place rule | Sub-section (2) | Sub-section (2), same idea |
| Written order | Section 111 | Section 130 |
| Inquiry into truth | Section 116 | Section 135 |
| Arrest to prevent offences | Section 151 | Section 170 |
Who Is An Executive Magistrate?
Every notice must come from an Executive Magistrate, who is not a trial judge sitting in a criminal court. The post belongs to the administration side of government, and the State Government appoints officers to it.
| Authority | Role under the section | What to remember |
|---|---|---|
| District Magistrate | Heads the Executive Magistrates in a district | Can act or supervise |
| Sub-Divisional Magistrate | Often issues peace-bond notices in a sub-division | The most common name on such notices |
| Other empowered officers | Act if the State Government empowers them | Check your state’s notification |
| Police officer | Cannot issue the notice | May only send information |
When Can A Magistrate Use This Section?
Not every quarrel qualifies. Under Section 126 BNSS, the information must point to a real likelihood of trouble.
| Situation | Likely fit? | Why |
|---|---|---|
| Two groups openly threaten each other before a festival | Likely | Specific, near-term risk |
| A neighbour announces he will attack another tomorrow | Likely | Clear likelihood of a breach |
| A political disagreement with no threat of disorder | Unlikely | Disagreement is not a breach of peace |
| A published post that threatens national integrity | Different section | Section 127 deals with certain publications |
The Step-By-Step Process After A 126 Notice
Here is the road map. The process under Section 126 BNSS has clear stops, and each stop gives you a right.
| Step | BNSS provision | What happens |
|---|---|---|
| 1. Information arrives | Section 126(1) | Police or others tell the magistrate about likely trouble |
| 2. Magistrate forms an opinion | Section 126(1) | Sufficient ground to proceed, or not |
| 3. Written show-cause order | Section 130 | Order states substance of information, bond amount, period and number of sureties |
| 4. You are called | Sections 131 to 134 | Summons or warrant; attendance may sometimes be excused |
| 5. Inquiry | Section 135 | Magistrate checks the truth of the information |
| 6. Order to give security | Section 136 | Bond ordered only if the inquiry supports it |
| 7. Discharge | Section 137 | Proceedings end if the bond is not needed |
| 8. Bond starts | Sections 138 and 139 | Period begins; bond terms are set |
| 9. Sureties checked | Section 140 | Magistrate may reject unfit sureties |
| 10. No security given | Section 141 | Custody can follow in default |
Bond, Sureties And Amounts: What To Expect
The 126 BNSS Section does not name any bond amount. The magistrate decides, and figures vary a lot. Two 2026 matters show the range of bonds ordered Under Section 126 BNSS.
| Case | Amount reported | Sureties | Period |
|---|---|---|---|
| Sumitra Dhal v. State of Odisha | ₹5,000 each | One local surety | One year |
| Karthika Pradeep v. State of Kerala | ₹1,00,000 cash bond | Two solvent sureties | One year |
Your Rights When You Receive A Notice
A notice can feel scary, but knowing 126 BNSS turns fear into a plan. Under Section 126 BNSS, you are not treated as a convict, and the law gives you real protections.
| Right | What it means | Practical step |
|---|---|---|
| Know the grounds | The order must state the substance of the information | Read the notice for facts, not just a section number |
| Reply | You can show cause why no bond is needed | File a written reply with proof |
| Inquiry | The information’s truth must be examined | Ask to cross-check the claims |
| Challenge | High Court can examine a faulty notice | Petition under Section 528 BNSS |
Related Sections In The Same Chapter
Section 126 BNSS has relatives, and knowing them helps anyone studying 126 BNSS In CrPC terms.
| BNSS section | Old CrPC section | Subject |
|---|---|---|
| 125 | 106 | Security for keeping peace on conviction |
| 126 | 107 | Security for keeping peace in other cases |
| 127 | 108 | Good behaviour for certain publications |
| 128 | 109 | Good behaviour from suspected persons |
| 129 | 110 | Good behaviour from habitual offenders |
| 130 | 111 | Written order to show cause |
| 135 | 116 | Inquiry into truth of information |
| 170 | 151 | Arrest to prevent a cognizable offence |
Legal Case Studies: Court Decisions In Plain Words
Courts have shaped how 126 BNSS works in practice. Each case below uses the same six-part format.
Case Study 1: Madhu Limaye v. Sub-Divisional Magistrate, Monghyr
| Element | What to explain |
|---|---|
| Case Name | Madhu Limaye and Others v. Sub-Divisional Magistrate, Monghyr and Others (Supreme Court, Constitution Bench; reported as AIR 1971 SC 2486) |
| Background | Madhu Limaye and others faced peace-bond proceedings under the old Section 107 and related sections, and challenged both those proceedings and the law itself |
| Legal Question | Are the preventive bond sections a fair limit on freedoms, and what must a magistrate follow before using them? |
| Court’s Decision | The Court examined the provisions closely, treated them as preventive tools that need strict compliance, and stressed that the person must be told the grounds. Reports also point to concerns about an interim bond ordered before the inquiry began |
| Legal Principle | Preventive powers are allowed, but only with proper procedure and clear reasons |
| Why It Matters | Every later ruling on 126 BNSS starts from this decision. It is the reason notices must name their grounds |
Case Study 2: Karthika Pradeep v. State of Kerala
| Element | What to explain |
|---|---|
| Case Name | Karthika Pradeep v. State of Kerala (Kerala High Court, judgment dated 9 January 2026) |
| Background | The petitioner was told to attend court and execute a ₹1,00,000 cash bond with two solvent sureties for one year |
| Legal Question | Is the order valid when the essential facts behind the bond are missing? |
| Court’s Decision | The Court examined Sections 126 and 130 BNSS along with old Sections 107, 111 and 112 and earlier rulings, and stressed that the order must carry the essential facts |
| Legal Principle | Fair notice is part of preventive justice |
| Why It Matters | It confirms that the 2023 law did not weaken the old safeguards |
Legal Myth Vs Fact
Half-truths about 126 BNSS spread fast, and this table clears them up for readers of 126 BNSS In CrPC language too.
| Myth | Fact |
|---|---|
| A 126 notice means you are a criminal | It is a preventive step; no offence is proved |
| The police can issue the bond order | Only an Executive Magistrate can |
| The bond can last for years | The section caps it at one year |
| You cannot reply to the notice | You can show cause and be heard |
| A notice needs no facts | The order must state the substance of the information |
| Any quarrel is enough | The feared trouble must touch public peace or tranquillity |
Conclusion
Section 126 BNSS is a preventive legal provision designed to maintain public peace and tranquility, replacing Section 107 of the old CrPC. It empowers Executive Magistrates to require individuals to execute a peace bond for up to one year when credible information indicates a possible breach of peace. However, magistrates must follow proper procedures, state the grounds clearly, and provide a fair opportunity to respond. Understanding 126 BNSS helps citizens know their legal rights and ensures preventive powers are used fairly to protect public order without violating individual freedoms.
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Frequently Asked Questions
1. What is 126 BNSS in simple words?
Section 126 BNSS allows an Executive Magistrate to require a peace bond to prevent a likely breach of public peace.
2. Is Section 126 BNSS the same as Section 107 CrPC?
Yes, Section 126 BNSS carries forward the preventive provisions of old Section 107 CrPC.
3. Who can issue a notice under 126 BNSS?
An Executive Magistrate can issue a notice under Section 126 BNSS.
4. How long can the bond last?
The bond can last for a maximum of one year.
5. Can a notice be challenged in court?
Yes, a person can challenge an unlawful notice or order through appropriate legal proceedings.
6. Is a bond order a criminal conviction?
No, proceedings under Section 126 BNSS are preventive, not a criminal conviction.
