BNSS Section 125 vs. CrPC Section 106: A Complete Breakdown of Security for Keeping Peace


1. Introduction: A New Chapter in Preventive Justice

India’s criminal justice system has undergone a historic transformation with the introduction of three new laws in 2023—one of them being the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the old Code of Criminal Procedure (CrPC), 1973. This reform marks one of the most significant overhauls in India’s legal history, aiming to modernize criminal procedure, simplify processes, and strengthen citizens’ rights.

Among the many changes introduced, Section 125 of the BNSS stands out as the successor to Section 106 of the CrPC, dealing with the concept of “security for keeping the peace on conviction.”

This concept is preventive, not punitive. Its goal is to ensure that a person who has already been convicted of certain offences does not disturb public peace in the future. In simple words, even after serving a sentence, if the court believes that the convict might again breach peace or engage in violent or intimidating behavior, it can order that person to execute a bond or bail bond promising to maintain peace for a specific period.

This article provides a detailed, side-by-side comparison of the old and new provisions — Section 106 of the CrPC (1973) and Section 125 of the BNSS (2023). We will explore their purpose, features, differences, and the practical impact these changes will have on lawyers and litigants.

2. The Old Guard: A Refresher on Section 106 of the CrPC

Before we understand what’s new, let’s recall what existed before. Section 106 of the Code of Criminal Procedure, 1973 served as a preventive tool in the hands of the judiciary. It empowered courts to take steps to prevent future breaches of peace by persons already convicted of certain offences.

Purpose

The objective of Section 106 was not to punish again but to ensure public peace. If a person had shown a tendency to disturb peace or intimidate others, the court could require them to provide security — a kind of written promise — to maintain peace for a limited time.

Key Features of Section 106, CrPC

  1. Applicable Courts:
    The power to pass such orders rested with a Court of Session or a Magistrate of the First Class.

  2. When Was It Invoked?
    The provision came into play at the time of passing the sentence after conviction. This means that immediately after a person was convicted of certain offences, the court could consider ordering them to give security.

  3. Predicate Offences (Triggering Crimes):
    The section applied when a person was convicted of:

    • Offences under Chapter VIII of the Indian Penal Code (IPC), which related to “Offences Against Public Tranquility” (such as unlawful assembly, rioting, and affray).

    • Assault, criminal intimidation, or any other act that involved a breach of peace.

  4. Nature of the Order:
    The court could order the convict to execute a bond, with or without sureties, for keeping the peace.

  5. Maximum Duration:
    The bond could not be for more than three years.

Thus, Section 106 of the CrPC provided a preventive mechanism, ensuring that individuals convicted of violent or disruptive acts remained under a legal obligation to maintain peace for a certain period after their conviction.

3. The New Framework: Dissecting Section 125 of the BNSS

With the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023, the old Section 106 CrPC has been replaced by Section 125 BNSS. While the basic idea remains the same, the new provision introduces some updates to align with the Bharatiya Nyaya Sanhita (BNS), 2023, which has replaced the IPC.

Purpose

Section 125 continues the preventive purpose of its predecessor. It authorizes courts to order a convicted person to execute a bond or bail bond for keeping the peace, ensuring that preventive justice remains an integral part of the system.

Key Features of Section 125, BNSS

  1. Applicable Courts:
    The Court of Session and the Court of a Magistrate of the First Class retain the authority to issue such orders.

  2. Triggering Point:
    Like before, the power is exercised at the time of passing the sentence after conviction.

  3. Predicate Offences (A Major Change):
    The biggest change is the shift in the governing penal law — from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), 2023.

    • The relevant offences now fall under Chapter XI of the BNS, which corresponds to “Offences Against Public Tranquility.”

    • However, certain sections are specifically excluded, namely Sections 193(1), 196, and 197 of the BNS.

    • Apart from these, the provision covers familiar offences like:

      • Assault or use of criminal force

      • Mischief

      • Criminal intimidation

      • Acts likely to cause a breach of the peace

  4. Nature of the Order:
    The court can now direct the person to execute a bond or bail bond, with or without sureties. The inclusion of the term “bail bond” is a small linguistic modernization, bringing the language in tune with contemporary legal usage.

  5. Effect of Appeal (Section 125(3)):
    A new and welcome addition — the section explicitly states that if the conviction is set aside on appeal, the bond automatically becomes void. This codifies what was previously understood through judicial interpretation.

  6. Powers of Higher Courts (Section 125(4)):
    Another addition empowers Appellate and Revisional Courts to issue such an order, ensuring that higher courts are not restricted when they believe preventive security is necessary.

In essence, Section 125 BNSS retains the preventive philosophy of its predecessor but modernizes the framework and clarifies ambiguities.

4. Head-to-Head Comparison: BNSS 125 vs. CrPC 106 ⚖️

To better understand the evolution, here’s a direct comparison of the two sections:

FeatureSection 106, CrPC (1973)Section 125, BNSS (2023)Key Takeaway
Governing Penal LawIndian Penal Code (IPC), 1860Bharatiya Nyaya Sanhita (BNS), 2023Major structural change; all references must now map to the BNS.
Referenced ChapterChapter VIII (Offences Against Public Tranquility)Chapter XI (Offences Against Public Tranquility)Legislative renumbering; lawyers must note the shift.
Excluded OffencesNo specific exclusions mentionedExcludes BNS Sections 193(1), 196, 197BNSS provides greater clarity by specifying exclusions.
Applicable CourtsCourt of Session and Magistrate of the First ClassSameNo change.
Triggering PointAt the time of sentencing post-convictionSameProcedural consistency retained.
Terminology of Bond“Bond, with or without sureties”“Bond or bail bond”Linguistic update; minimal practical effect.
Core PrinciplePreventive measure to ensure peaceSame preventive purposeIdentical in philosophy.
Maximum DurationUp to three yearsUp to three yearsNo change in duration.
Effect of AppealImplied through court rulingsExplicitly stated in Section 125(3)BNSS clarifies the legal position.
Power of Higher CourtsNot specifically mentionedClearly included in Section 125(4)BNSS expands authority to appellate and revisional courts.

5. Practical Implications: What This Means for Lawyers and Litigants

The transition from CrPC to BNSS may seem mostly terminological, but its practical effects are important for lawyers, judges, and litigants.

1. Shift in Legal Referencing

Legal practitioners must now cite Chapter XI of the BNS instead of Chapter VIII of the IPC when dealing with peace bond matters. This may sound simple, but incorrect citations can cause confusion in petitions, charge-sheets, or appellate arguments. Familiarity with the new BNS structure is, therefore, essential.

2. Clarity on Appeal

Under the CrPC, it was judicially established—but not clearly written—that if a conviction was overturned on appeal, the peace bond automatically lapsed. The BNSS now explicitly states this rule in Section 125(3). This removes ambiguity and saves time for both courts and litigants, ensuring smoother appellate proceedings.

3. Continuity of Practice

Despite the new numbering and statutory references, the core process and philosophy remain the same. Courts will continue to use peace bonds as preventive tools after convictions for violent or disruptive offences. Lawyers familiar with Section 106 CrPC will easily adapt to Section 125 BNSS, as the procedural essence is intact.

4. Empowerment of Higher Courts

By formally recognizing the power of appellate and revisional courts to issue such orders, Section 125(4) strengthens preventive justice. It ensures that even if a case is under appeal, higher courts can impose conditions to maintain peace and prevent escalation.

5. Harmonization with the New Penal Codes

Since the BNSS, BNS, and the Bharatiya Sakshya Adhiniyam (BSA) are designed to work together, Section 125’s alignment with Chapter XI of the BNS ensures legal consistency. It harmonizes preventive procedures with the new definitions and numbering system of offences.

In short, for practicing lawyers, Section 125 demands careful attention to new references, awareness of expanded appellate powers, and continued focus on peacekeeping as a preventive measure.

Also read: BNSS Section 121

6. Conclusion: An Evolution, Not a Revolution

The journey from Section 106 of the CrPC to Section 125 of the BNSS is best described as an evolution, not a revolution. The basic concept — requiring a convicted person to give security for keeping peace — remains unchanged. What has evolved is the clarity, structure, and legal precision of the provision.

The BNSS has:

  • Replaced IPC references with BNS equivalents.

  • Added explicit clauses about appeals and higher court powers.

  • Modernized terminology without disturbing the core intent.

In summary, Section 125 BNSS represents a cleaner, clearer, and more logically connected version of Section 106 CrPC. For legal professionals, this change emphasizes the need for adaptation to the new code while recognizing that the fundamental philosophy of preventive justice — protecting public peace through responsible legal measures — continues unchanged.

The reform reinforces a simple truth: while the laws may change their form and numbering, the spirit of justice and peacekeeping remains constant.

Comments

Post a Comment

Popular posts from this blog

BNSS Chapter 7 – Processes to Compel the Production of Things

Image
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), represents a substantial reform in India's criminal procedure regulation. Among its many chapters, Chapter 7, titled " Processes to Compel the Production of Things ," plays a crucial role in making sure justice via facilitating the lawful collection of evidence. In any crook research or trial, getting the right of entry to documents, articles, letters, and different physical evidence can considerably affect the route of justice. Chapter 7 establishes the technique via which courts and government can achieve such evidence lawfully. This bankruptcy encompasses multiple sections, but this text makes a speciality of Sections ninety four to 97, which shape the backbone of the prison process for summoning or trying to find essential objects. Section 94 – Summons to Produce Document or Other Thing Section 94 empowers a Magistrate to trouble a written order directing any character to produce a document or every other object thi...
Read more

Understanding Chapter 2 of Bharatiya Nyaya Sanhita: Foundation of Fair Justice in India

Image
Introduction: Laying the Groundwork for Fair Trials India has entered a new phase in its criminal justice journey with the introduction of Bharatiya Nyaya Sanhita, 2023 (BNS) . Among its key sections, Chapter 2 plays a crucial role in shaping how crimes are addressed and justice is delivered. This chapter focuses on "General Explanations" , which, though often overlooked, forms the structural foundation of every case that goes to court. If you’re not a law student or professional, understanding this chapter might seem complex. But this article will walk you through its importance, practical relevance, and how it compares with the older Indian Penal Code (IPC), 1860 , in a clear and simple way. What is Chapter 2 of Bharatiya Nyaya Sanhita About? Chapter 2 of the Bharatiya Nyaya Sanhita is titled "General Explanations" . It includes the definitions and legal interpretations that courts, police officers, lawyers, and legal institutions use to understand criminal provi...
Read more

Bharatiya Nyaya Sanhita Chapter 7 – Of Offences Against The State: Full Analysis & Impact

Image
Introduction to BNS Chapter 7 – Of Offences Against The State Bharatiya Nyaya Sanhita (BNS) 2023 , India’s modern criminal code replacing the outdated Indian Penal Code (IPC), introduces a structured and redefined approach to criminal law. Chapter 7 of this landmark legislation deals with “Offences Against The State” —a critical area in maintaining national integrity, internal security, and sovereignty. If you’ve ever searched what is BNS Chapter 7 in Bharatiya Nyaya Sanhita , this article will help you understand its scope, the crimes it covers, and its implications in today’s legal and political climate. What Are Offences Against the State? Offences against the State refer to any act that directly or indirectly threatens the sovereignty, integrity, or security of the country. This includes: Waging war against the government Instigating rebellion Sedition or incitement to violence Assisting foreign enemies Unlawful assemblies with anti-national intent These are treated as grave cri...
Read more