Section 110 CrPC: Security for Good Behaviour from Habitual Offenders

Section 110 of the Code of Criminal Procedure, 1973 empowered an Executive Magistrate to initiate preventive security proceedings against certain habitual offenders. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 129, in force from 1 July 2024.

Meaning and scope of Section 129 BNSS

Section 129, titled “Security for good behaviour from habitual offenders”, authorises an Executive Magistrate who receives information concerning a person within the Magistrate's local jurisdiction to require that person to show cause why a bail bond for good behaviour should not be executed. The order may specify a period of up to three years.

The word habitually is central to several grounds: the Magistrate must consider material suggesting a pattern of relevant conduct, rather than automatically treating an unproved accusation as proof of habitual offending. The provision also separately covers a person whose dangerousness makes remaining at large without security hazardous to the community.

Who may be proceeded against?

Section 129 BNSS identifies the following categories:

1. Habitual property offenders: persons who are habitually robbers, house-breakers, thieves or forgers.
2. Receivers of stolen property: persons habitually receiving property knowing it to be stolen.
3. Harbouring or concealing stolen property: persons habitually protecting or harbouring thieves or helping conceal or dispose of stolen property.
4. Specified offences: persons habitually committing, attempting or abetting kidnapping, abduction, extortion, cheating, mischief, offences under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or offences under BNS Sections 178 to 181 (specified currency and bank-note offences).
5. Breach of peace: persons habitually committing, attempting or abetting offences involving breach of the peace.
6. Offences under specified enactments: habitual commission, attempt or abetment of offences under the Drugs and Cosmetics Act, 1940; Foreigners Act, 1946; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Customs Act, 1962; or Food Safety and Standards Act, 2006. The provision also covers offences under other laws concerning prevention of hoarding, profiteering, food or drug adulteration, or corruption.
7. Danger to the community: persons so desperate and dangerous that being at large without security would be hazardous to the community.

These categories summarise the statute; for exact wording, consult the official BNSS text.

Procedure and safeguards

1. Information and preliminary order: under Sections 129 and 130 BNSS, the Executive Magistrate assesses the information and issues a written order stating the substance of the information, bond amount, period and relevant surety particulars.
2. Appearance and notice: Sections 131 to 134 govern reading or explaining the order, summons or warrant where appropriate, supply of the order and dispensing with personal attendance.
3. Inquiry: Section 135 requires inquiry into the truth of the information. The person concerned has an opportunity to contest the allegations and material relied on.
4. Final outcome: Section 136 concerns an order to give security where the necessity is established; Section 137 provides for discharge where it is not proved.
5. Bond and consequences: Sections 138 to 143 regulate commencement, contents, sureties, default, release and related matters, subject to the statutory requirements.

Proceedings must follow the prescribed inquiry and cannot lawfully be treated as an automatic requirement to furnish security merely because the police have submitted a report.

Section 110 of the Code of Criminal Procedure, 1973

The former Section 110 CrPC addressed substantially the same preventive purpose. It allowed an Executive Magistrate to require a habitual offender or dangerous person to show cause against execution of a bond with sureties for good behaviour for a period not exceeding three years.

The older text included habitual robbery, house-breaking, theft, forgery, receiving stolen property, harbouring thieves, specified offences involving kidnapping, abduction, extortion, cheating, mischief, currency-related offences, breach of peace, and habitual offences under certain regulatory enactments. It also covered persons whose being at large without security posed a hazard to the community.

References in the older provision to the Indian Penal Code and several earlier enactment names must be read in their historical context. Section 129 BNSS uses updated BNS references and a revised list of enactments. The old section remains relevant when interpreting historical orders and proceedings governed by applicable saving provisions.

Frequently asked questions

What is the new BNSS section corresponding to Section 110 CrPC?

Section 129 BNSS, titled “Security for good behaviour from habitual offenders”.

Who can initiate action under Section 129 BNSS?

An Executive Magistrate having local jurisdiction, on receiving relevant information and following the statutory procedure.

What is the maximum period of security?

Three years. The period must be specified by the Magistrate in accordance with law.

Does Section 129 itself establish guilt for a criminal offence?

No. It establishes a preventive security mechanism and requires statutory proceedings; it does not substitute for trial or conviction of an alleged offence.

Official legal references

• Bharatiya Nagarik Suraksha Sanhita, 2023 — official government-hosted PDF
• Section 129 BNSS — Government of India statutory text
• NCRB CrPC to BNSS section correspondence table

This article provides general legal information. Application of the law depends on the facts, commencement provisions, saving clauses and relevant judicial orders.