Section 107 CrPC: Security for Keeping the Peace in Other Cases
Section 107 of the Code of Criminal Procedure, 1973 empowered an Executive Magistrate to initiate preventive proceedings against a person likely to cause a breach of the peace. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 126.
What is Section 107 CrPC?
Section 107 CrPC was a preventive, rather than punitive, provision. Its object was to avert anticipated breaches of public peace by requiring a person to explain why a security bond should not be ordered. A mere allegation or private dispute does not automatically justify an order: the Executive Magistrate must assess whether there is sufficient ground to proceed, and the prescribed procedure must be followed.
Section 107 CrPC - statutory provisions explained
Sub-section (1): Grounds for requiring security
Where an Executive Magistrate receives information that a person is likely to breach the peace, disturb public tranquillity, or commit a wrongful act probably resulting in such disturbance, and considers that sufficient grounds exist, the Magistrate may require that person to show cause why a bond, with or without sureties, should not be executed for keeping the peace for a period not exceeding one year.
Sub-section (2): Territorial jurisdiction
An Executive Magistrate may initiate proceedings if the anticipated breach or disturbance is within the Magistrate's local jurisdiction, or if the person likely to cause it is within that jurisdiction, even though the feared act may occur outside it.
Section 126 BNSS - present corresponding law
Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Security for keeping peace in other cases". Under sub-section (1), an Executive Magistrate receiving information of a likely breach of peace or disturbance of public tranquillity may, upon finding sufficient grounds, call upon the person to show cause why a bond or bail bond should not be executed. The maximum period remains one year.
Sub-section (2) addresses jurisdiction on substantially the same basis as the former Section 107 CrPC. The statutory distinction between a bond and a bail bond should be read together with the definitions and procedures in the BNSS.
Read the official BNSS statutory text hosted by the National Crime Records Bureau and the Ministry of Home Affairs' new criminal laws resource.
Procedure and safeguards under the BNSS
- Initial information and satisfaction: The Executive Magistrate considers whether credible information discloses sufficient grounds for preventive action under Section 126.
- Written preliminary order: Section 130 requires an order setting out the substance of information, proposed bond amount, period and surety particulars, where applicable.
- Appearance and notice: Sections 131 to 134 regulate explanation of the order, summons or warrants, service of the order, and possible exemption from personal attendance.
- Inquiry: Section 135 requires inquiry into the truth of the information and allows evidence to be considered. Interim security is subject to its statutory conditions and recorded reasons.
- Final order or discharge: Under Section 136, security may be ordered if necessity is established; Section 137 provides for discharge where it is not proved necessary.
The amount and duration of the final security order cannot exceed the statutory limits applicable to the preliminary order. The bond amount must not be excessive.
When can preventive proceedings arise?
Examples may include credible threats of violent confrontation between rival groups, escalating neighbourhood disputes involving threats of violence, or circumstances indicating an imminent disturbance of public tranquillity. These are illustrations only; each case depends on the information, supporting evidence and the Magistrate's independent satisfaction.
Important: A Section 126 notice is not a criminal conviction, and the mere existence of a civil or property dispute is not, by itself, proof of a likely breach of peace.
Rights of a person receiving notice
A person receiving a show-cause notice may examine the grounds stated in the preliminary order, respond to the allegations, present relevant evidence and seek legal representation in accordance with the BNSS. Section 134 permits the Magistrate, for sufficient cause, to dispense with personal attendance and allow appearance through an advocate. A person aggrieved by an order should obtain case-specific advice on the appropriate statutory remedy and forum.
Section 107 CrPC and Section 126 BNSS - key points
- Nature: Preventive security proceedings intended to protect public peace.
- Authority: Executive Magistrate.
- Trigger: Information indicating a likely breach of peace or disturbance of public tranquillity, supported by sufficient grounds to proceed.
- Maximum bond period: One year.
- Modern provision: Section 126 BNSS, effective with the new criminal procedure framework from 1 July 2024.
Frequently asked questions
Is Section 107 CrPC still applicable?
For proceedings commenced under the post-1 July 2024 framework, the corresponding provision is Section 126 BNSS. Earlier matters require consideration of the repeal and savings provisions, particularly Section 531 BNSS.
Can an Executive Magistrate order a bond immediately?
The law requires a show-cause process and inquiry before a final security order. Interim security during inquiry is possible only when the conditions in Section 135 BNSS are satisfied.
What is the maximum duration of security?
The maximum period under Section 107 CrPC and Section 126 BNSS is one year.
Does a notice mean the person is guilty of an offence?
No. Preventive proceedings concern the risk of a future breach of peace; they are not a finding of guilt for a substantive criminal offence.