Section 108 CrPC and Section 127 BNSS: Security for Good Behaviour
Section 108 of the Code of Criminal Procedure, 1973 concerned preventive security from persons disseminating specified seditious, inflammatory, defamatory or obscene material. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 127, security for good behaviour from persons disseminating certain matters.
Section 108 CrPC, 1973: Scope and Meaning
Under Section 108(1), an Executive Magistrate receiving information about a person within the Magistrate's local jurisdiction could initiate proceedings if that person, within or outside the jurisdiction, intentionally disseminated, attempted to disseminate or abetted dissemination of specified material, or circulated obscene matter. The Magistrate had to consider whether sufficient grounds existed to proceed.
The historical provision referred to material punishable under Sections 124A, 153A, 153B and 295A of the Indian Penal Code, 1860; material about a Judge acting or purporting to act officially that amounted to criminal intimidation or defamation; and obscene matter within Section 292 IPC. It authorised a notice to show cause why the person should not execute a bond, with or without sureties, for good behaviour for a period of not more than one year.
Section 108(2) also contained a safeguard for an editor, proprietor, printer or publisher of a publication registered and produced in conformity with the Press and Registration of Books Act, 1867: proceedings concerning content in that publication required an order or authority of the State Government or an empowered officer.
Section 127 BNSS, 2023: Present Legal Provision
Section 127 of the BNSS is the corresponding modern provision. It empowers an Executive Magistrate, upon receiving information about specified conduct involving a person within local jurisdiction and finding sufficient ground for action, to require the person to show cause against an order for a bond or bail bond for good behaviour for up to one year.
Section 127(1)(i) addresses intentional dissemination, attempted dissemination or abetment of dissemination, orally, in writing or otherwise, of material punishable under Sections 152, 196, 197 or 299 of the Bharatiya Nyaya Sanhita, 2023 (BNS), as well as certain criminally intimidating or defamatory material concerning a Judge performing official duties. Section 127(1)(ii) addresses the making, publication, sale, distribution, public exhibition and other circulation of obscene matter of the kind referred to in Section 294 BNS.
Importantly, a show-cause notice is not a finding of guilt. The Magistrate must follow the statutory inquiry procedure before directing security, and the particular statutory ingredients must be established.
Definitions of the Relevant BNS Provisions
| Provision | Subject and relevance |
|---|---|
| Section 152 BNS | Acts endangering the sovereignty, unity and integrity of India, subject to the statutory elements and explanation protecting lawful criticism. |
| Section 196 BNS | Promoting enmity between different groups on specified grounds and acts prejudicial to the maintenance of harmony. |
| Section 197 BNS | Imputations and assertions prejudicial to national integration. |
| Section 299 BNS | Deliberate and malicious acts intended to outrage religious feelings of a class by insulting its religion or religious beliefs. |
| Section 294 BNS | Sale and other specified circulation or exhibition of obscene books, objects and similar material, subject to statutory exceptions. |
Whether a publication or communication attracts any of these offences depends on the exact statutory wording, required mental element, factual context and applicable constitutional protections. Criticism of government, reporting, commentary or disagreement does not automatically amount to an offence.
How Preventive Security Proceedings Work
1. Receipt of information and initial satisfaction
The Executive Magistrate must have information about conduct within Section 127 and sufficient grounds to proceed. The provision is preventive in nature; it does not itself create a separate punishment for the underlying publication.
2. Written order and opportunity to respond
Under Section 130 BNSS, the Magistrate must make a written order setting out the substance of the information, the amount of the bond, the period for which it is to operate and the number, character and class of sureties, if any. The person concerned must be afforded the procedure prescribed by the BNSS.
3. Inquiry and final decision
Section 135 BNSS governs inquiry into the truth of the information. Following the statutory inquiry, Section 136 BNSS deals with an order to give security where necessity is proved, while Section 137 BNSS provides for discharge where it is not proved. The bond requirements must comply with the statutory limits and safeguards.
4. Duration and legal remedies
The maximum good-behaviour period under Section 127 is one year. An affected person may challenge an unlawful or procedurally defective order through remedies available under the applicable procedural law, including appropriate revisional or constitutional jurisdiction where maintainable.
Special Safeguard for Registered Publications
Section 127(2) reproduces a safeguard concerning editors, proprietors, printers and publishers of publications registered and produced in conformity with the Press and Registration of Books Act, 1867: proceedings based on material contained in such a publication require the order or authority of the State Government or an officer empowered by it. The Press and Registration of Periodicals Act, 2023 has since replaced the earlier registration regime; the interaction between the statutory wording, repeal and saving provisions and the publication's registration status should be checked in an individual case.
Section 108 CrPC and Section 127 BNSS: Key Legal Position
The modern provision updates the terminology from dissemination of "seditious matters" to dissemination of "certain matters", and references the offences under the BNS rather than the repealed IPC framework. The Executive Magistrate's preventive jurisdiction and the one-year ceiling on the good-behaviour bond remain central. Proceedings instituted before the commencement of the BNSS may require separate examination under the saving provision in Section 531 BNSS.
Official Acts and Reference Materials
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official government-hosted text (PDF)
- India Code - official central legislation database (search for BNSS, BNS, CrPC and the press registration laws)
- Ministry of Home Affairs - criminal law notifications and resources
This article provides general legal information. Consult the latest statutory text, commencement notifications, amendments and binding judgments before taking action in an individual case.