Section 125: Security for keeping peace on conviction
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that convicted criminals may be demanded to execute a bond for the prevention of public menace.
The powers to order the accused to furnish security, whereby the convicted persons shall execute the bond with or without surety to keep peace, are invested in Courts of Session and in the Magistrates of the first class. Three years is a time limit up to which it is allowed in relation to bonds that are administered upon sentencing time. It might be done also upon sentencing.
Application of Acts
-Applies to those convicted of any of the following offences, among others:
-Offences dealt with under Chapter XI of the Bharatiya Nyaya Sanhita 2023, excluding sections on perjury, such as Sections 193, 196, and 197
-Assault or criminal force
-Criminal intimidation.
-Any act likely to cause a disturbance to the public peace or order.
Important points:
-In case the conviction is set aside on appeal, any bond given under Section 125 shall be void. This means that no one will be liable to be held responsible for keeping peace if his conviction is set aside on appeal.
-Appellate courts or courts exercising revisionary jurisdiction can also issue orders under this section. This means it provides flexibility in the supervision of judicial and the execution of security bonds.
-Preventive Measure : This provision works as a kind of deterrent measure against future offences by those convicted persons who committed offenses involving violence or public disorder previously. It is forcing such criminals to prove commitment towards maintaining peace and order in society.
-Section 125 grants courts significant discretion in determining whether the imposition of a security bond is necessary, and if so, the appropriate duration of such a bond. This decision is based on the nature of the offence, the individual’s criminal history, and the particular circumstances of the case.
-Through the security bonds, which are required to be placed on those individuals who have shown a tendency for violent or destructive conduct, the provision seeks to ensure public peace and minimize the chances of recidivism, thereby ensuring public safety in general.
