Section 120 CrPC: Contents of Bond and Section 139 BNSS
Section 120 of the Code of Criminal Procedure, 1973 explained what a security bond must require from a person ordered to keep the peace or maintain good behaviour. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 139.
Section 120 CrPC - Original statutory provision
Heading: Contents of bond.
The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
Under the former Code, the bond was an undertaking to keep the peace or maintain good behaviour, depending on the Magistrate's order. The provision specifically identified criminal conduct that would breach a good-behaviour bond.
Section 139 BNSS, 2023 - Current statutory provision
Heading: Contents of bond.
The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond.
Section 139 expressly refers to a bond or bail bond, while retaining the substantive requirement to keep the peace or maintain good behaviour. Read the official BNSS, 2023 (India Code PDF) for the enacted text.
Meaning and purpose of a security bond
A security bond under these provisions is a preventive legal undertaking, not itself a finding of guilt for a criminal offence. It is intended to protect public peace or secure good behaviour following proceedings conducted in accordance with law.
- Bond to keep the peace: An undertaking not to disturb public peace during the specified period.
- Bond for good behaviour: An undertaking to maintain good behaviour; the statute expressly treats certain imprisonable offences, attempts and abetment as breaches.
- Sureties: Where lawfully required, sureties provide security for compliance with the bond. Their acceptance and liabilities are governed by the applicable statutory provisions and order.
What constitutes a breach of a good-behaviour bond?
Under Section 120 CrPC and Section 139 BNSS, a good-behaviour bond is breached by the commission, attempted commission or abetment of an offence punishable with imprisonment, irrespective of where that conduct occurs. A conviction is not expressly made a prerequisite by the wording of this section; any finding and consequences must nevertheless follow the applicable legal procedure and evidentiary requirements.
Example: A person required to maintain good behaviour who commits an offence punishable with imprisonment during the bond period may face proceedings for breach of the bond, in addition to any separate criminal case arising from the conduct.
Related procedure and safeguards
The contents of a bond must be read together with the statutory provisions governing the initiation of security proceedings, inquiry, the order requiring security, and the commencement of the bond period.
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Preliminary written order | Section 111 | Section 130 |
| Inquiry into information | Section 116 | Section 135 |
| Order to give security | Section 117 | Section 136 |
| Commencement of security period | Section 119 | Section 138 |
| Contents of bond | Section 120 | Section 139 |
| Power to reject sureties | Section 121 | Section 140 |
For example, Section 117 CrPC and Section 136 BNSS require the security order to observe statutory limits, including that the amount must not be excessive. The period of security is governed separately by Section 119 CrPC or Section 138 BNSS, as applicable.
Frequently asked questions
Which BNSS section corresponds to Section 120 CrPC?
Section 139 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Contents of bond".
Is a peace bond the same as a good-behaviour bond?
No. Both are preventive undertakings, but they address different statutory objectives. The express rule about committing, attempting or abetting an imprisonable offence applies to a good-behaviour bond.
Does the bond apply to offences committed outside the local area?
Yes. The statutory language states that an imprisonable offence covered by the good-behaviour condition is a breach wherever it is committed.
Does Section 120 CrPC still apply after 1 July 2024?
The BNSS generally governs new proceedings from its commencement. Whether a particular older inquiry, trial or other proceeding continues under the CrPC depends on the saving provisions of Section 531 BNSS and the circumstances of the case.
Official legal references
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code
- BNSS statutory reference - Bureau of Police Research and Development
- India Code - official legislation repository
This article provides general legal information. The governing law and remedies depend on the facts, the date and nature of proceedings, and applicable judicial orders.