Section 128: Security from goon behaviour from suspected person
Section prescribes the legal framework to mandatorily provide security for good behavior by persons suspected of planning to commit cognizable offenses, particularly when they try to hide their whereabouts or flee from law enforcement. The section allows Executive Magistrates to exercise preventive measures for public safety and order.
It allows Executive Magistrates to take action upon receiving reliable information that suggests an individual is trying to avoid detection with the intention of committing a cognizable offense. It may include those situations where an individual might be avoiding law enforcement authorities or involved in suspicious activities, raising an alarm regarding public order in a particular locality.
When a Magistrate comes across such an authentic report, he can also issue an order directing the individual suspected to come up with the reasons why that person should not be directed to execute a good behaviour bond. This is known as a form of inquiry through which the subject will be
requested to give adequate reasons or to present evidence about his actions and intentions.
If the Magistrate, after taking into consideration the facts, finds that there is reasonable cause to suspect the person of attempting to commit a crime, the Magistrate may order the person to execute a bond for good behaviour. Such a bond may be with sureties and shall be enforceable for a period not exceeding one year. The bond is a legal undertaking to desist from any further suspicious or criminal conduct during such period.
The duration of the bond is at the discretion of the Magistrate who can set the period based on the facts of each case. The purpose of the bond is to protect society and prevent crime by individuals suspected of having a criminal intent, but who have not yet committed any cognizable offense.
