Criminal Procedure Law | Updated 17 October 2026

Section 106 CrPC: Security for Keeping the Peace on Conviction - Section 125 BNSS

Section 106 of the Code of Criminal Procedure, 1973 empowered certain criminal courts to require a person convicted of specified offences to furnish security for maintaining peace. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 125.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional provisions in Section 531 BNSS. Section 125 BNSS now governs this power in proceedings to which the new law applies. Earlier proceedings may require examination of the applicable savings provision.

Section 106 of the Code of Criminal Procedure, 1973

Meaning: Section 106 CrPC provided a preventive safeguard after conviction. Where a Court of Session or a Judicial Magistrate of the First Class convicted a person of a qualifying offence, or its abetment, and considered security necessary to maintain public peace, the court could order a bond at the time of sentencing.

Explanation of Section 106(1) to (4)

Sub-section (1): The sentencing court could direct the convicted person to execute a bond, with or without sureties, to keep the peace for a period not exceeding three years.

Sub-section (2): It identified the offences to which the provision applied, including certain public-tranquillity offences, assault, criminal force, mischief, criminal intimidation and offences likely to cause a breach of peace.

Sub-section (3): If the conviction was set aside on appeal or otherwise, the bond became void.

Sub-section (4): An appellate court or a court exercising revisional jurisdiction could also make the order.

Section 125 BNSS: Security for Keeping Peace on Conviction

Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding operative provision. Under Section 125(1), a Court of Session or Magistrate of the First Class, upon conviction for an offence specified in Section 125(2) or its abetment, may require the offender to execute a bond or bail bond for keeping the peace, for a period of up to three years, if the court considers such security necessary.

The court's power is discretionary, not automatic. The requirement is connected to a qualifying conviction and the court's assessment of the need to prevent a breach of peace.

Offences Covered Under Section 125(2) BNSS

Clause (a): Offences punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (offences against public tranquillity), excluding offences punishable under Section 193(1), Section 196 or Section 197 of the BNS.
Clause (b): Offences consisting of or including assault, use of criminal force or mischief.
Clause (c): Criminal intimidation.
Clause (d): Any other offence that caused, was intended to cause, or was known to be likely to cause a breach of peace.

The former Section 106(2)(a) CrPC referred instead to Chapter VIII of the Indian Penal Code, 1860 and excluded IPC Sections 153A, 153B and 154. These references have been updated in the BNSS to the corresponding BNS framework.

Duration, Effect of Bond and Appellate Powers

Maximum period of security

The period fixed by the court cannot exceed three years. The order is made in connection with conviction and sentencing, and the court must consider whether requiring security is necessary for maintaining peace.

What happens if the conviction is overturned?

Under Section 125(3) BNSS, where the conviction is set aside on appeal or otherwise, the bond or bail bond executed under the provision becomes void.

Can an appellate or revisional court order security?

Yes. Section 125(4) BNSS expressly permits an appellate court or a court exercising revisional powers to make an order under this section.

Difference Between Section 106 and Section 107 CrPC

Section 106 CrPC dealt with security following conviction for specified offences. Section 107 CrPC concerned preventive proceedings where a breach of peace was apprehended, even without a prior conviction. The corresponding provisions are Sections 125 and 126 BNSS, respectively. The two powers therefore operate at different stages and under different conditions.

Frequently Asked Questions

Is Section 106 CrPC still applicable?

The CrPC was repealed with effect from 1 July 2024, subject to Section 531 BNSS. Section 125 BNSS is the corresponding current provision, while the CrPC may remain relevant to saved or pending proceedings depending on the facts and transitional rules.

Is a security bond mandatory after every conviction?

No. The court must be dealing with a qualifying offence and must form the opinion that security is necessary to keep the peace.

What is the maximum duration of the bond?

Three years under both former Section 106 CrPC and current Section 125 BNSS.

Official Acts and Reference Materials

For the authoritative statutory wording and corresponding-section table, consult the following government resources:

This article provides general legal information. The applicable statute and procedural consequences depend on the date and status of the proceeding and any relevant court orders.