Security for good behaviour from suspected persons
Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from suspected persons. When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter prov The Act came into force on 01 Jul 2024.
When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
Section 128, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 109 Security for good behaviour from suspected persons Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Fogiya vs State and Anr.
Decided under Code of Criminal Procedure 109, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a person's citizenship status remains undetermined for an extended period due to government inaction despite judicial directions, and such person is detained under the National Security Act pending deportation (which itself depends on citizenship determination), the court may intervene by issuing specific directions to the competent authority to determine citizenship within a fixed timeframe. If the government fails to comply with such directions, the detention order shall be quashed and the person released. The court recognized that while citizenship determination is primarily the function of the Central Government under Section 13 of the Indian Citizenship Act, 1955, the court has the power to ensure that this process is not indefinitely delayed, particularly when the detention itself is contingent on such determination.
On this section: Procedure for detention pending investigation; respondents initially attempted to detain petitioner under this section but later abandoned this approach
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Pramod Kumar vs State of Uttar Pradesh
Decided under Code of Criminal Procedure 109, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A notice issued under Section 111/112 CrPC on a printed proforma without setting forth the substance of information received by the Magistrate, the magistrate's opinion on likelihood of breach of peace, and specific details of allegations against the person is defective, invalid, and liable to be quashed. The mandatory elements prescribed by Section 111 CrPC must be strictly complied with, and the object of setting forth the substance of information is to inform the person what allegations they have to answer. Proceedings based on such defective notice cannot be sustained.
On this section: Cited as part of the framework for preventive detention proceedings
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 128
What have the courts held on Section 128 of the Bharatiya Nagarik Suraksha Sanhita?
Fogiya vs State and Anr. (21 Sep 2006) is the leading judgment on this section among those set out below, though it was decided under CRPC 109, which this section replaced -- the court never mentioned this Act: Procedure for detention pending investigation; respondents initially attempted to detain petitioner under this section but later abandoned this approach. Another 1 judgment on this section is set out below. They run from 2006 to 2021.
How do I find court cases under Section 128 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 128, section 128 BNSS, section 128 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 128 in crpc and bnss 128 and 129. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Fogiya vs State and Anr. (21 Sep 2006).
What should I read with Section 128 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
5 other provisions in this corpus refer back to it. It carries forward CrPC 109 (Security for good behaviour from suspected persons), so the judgments decided under that provision are the case law on this one.
When did Section 128 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 128 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 128, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.