Security for good behaviour from habitual offenders
Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with security for good behaviour from habitual offenders. When an Executive Magistrate receives information that there is within his local jurisdiction a person who--- (a) is by habit a robber, house-breaker, thief, or forger; The Act came into force on 01 Jul 2024.
When an Executive Magistrate receives information that there is within his local jurisdiction a person who---
(a) is by habit a robber, house-breaker, thief, or forger; or
(b) is by habit a receiver of stolen property knowing the same to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or
(f) habitually commits, or attempts to commit, or abets the commission of---
(i) any offence under one or more of the following Acts, namely:---
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940.);
(b) the Foreigners Act, 1946 (31 of 1946);
(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952);
(d) the Essential Commodities Act, 1955 (10 of 1955);
(e) the Protection of Civil Rights Act, 1955 (22 of 1955);
(f) the Customs Act, 1962 (52 of 1962);
(g) the Food Safety and Standards Act, 2006 (34 of 2006); or
(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or
(g) is so desperate and dangerous as to render his being at large without security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
Section 129, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 110 Security for good behaviour from habitual offenders 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.
This section refers to
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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Hamid Mohd vs Union Territory of Jammu & Kashmir Through Financial Commissioner (Additional Chief Secretary) Home Department Civil Secretariat, Jammu
Decided under Code of Criminal Procedure 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Preventive detention under the Jammu & Kashmir Public Safety Act, 1978 cannot be justified solely on the basis of repeated FIRs for offences that do not relate to maintenance of public order. The distinction between 'Public Order' (disturbance of general tranquility of the community) and 'Law and Order' (acts directed against individuals) is crucial. Offences under Section 188 IPC and violations of the Prevention of Cruelty to Animals Act, even if repeated, do not constitute grounds for preventive detention aimed at maintaining public order. Such matters must be dealt with through ordinary criminal procedure under the Code of Criminal Procedure, 1973, or through preventive measures like Section 110 CrPC for habitual offenders. Preventive detention cannot be used as a shortcut to bypass ordinary criminal procedure.
On this section: The court noted that this section provides a preventive measure for habitual offenders, which is the appropriate legal mechanism for dealing with persons with a history of criminal activities, rather than preventive detention under the Public Safety Act
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Pramod Kumar vs State of Uttar Pradesh
Decided under Code of Criminal Procedure 110, 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: Provides the basis for Magistrate to require a person to show cause why they should not be ordered to execute a bond for good behaviour when they habitually commit or attempt to commit offences involving breach of peace
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Inala Manoj vs The State of Telangana
Decided under Code of Criminal Procedure 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere arraignment in a criminal offence cannot be taken as conviction or breach of bond for good behaviour furnished under Section 110 Cr.P.C. An Executive Magistrate cannot order penalty for breach of bond without establishing that the accused has been convicted of the underlying offence. Detention based on alleged breach of bond without conviction is illegal and the detenu must be released immediately.
On this section: Bond for good behaviour - the court examined whether mere arraignment in an offence constitutes breach of bond furnished under this section
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Pedagopi Gurrayya vs State of Andhra Pradesh
Decided under Code of Criminal Procedure 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Mandal Executive Magistrate cannot enforce a bond executed under Section 110 CrPC (bond for good behavior) using procedures meant for Section 117 CrPC (bond for keeping the peace), particularly the arrest provisions under Section 122(b) CrPC. The procedural distinction between these two types of bonds must be strictly observed, and failure to follow the correct procedure renders the forfeiture proceedings invalid and subject to quashing by the High Court under Sections 397 and 401 CrPC.
On this section: Bond for good behavior - the section under which the petitioner allegedly executed the bond; the court examined whether this section was correctly applied by the Magistrate
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Bandi Sridevi vs The State of Telangana
Decided under Code of Criminal Procedure 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere arraignment in a criminal offence cannot be taken to be a conviction whereby it could be said that the accused had committed a breach of the bond furnished by him for maintaining good behaviour. Therefore, the exercise of power under Section 122(b) Criminal Procedure Code to impose penalty based on mere implication in an offence, without conviction, is unsustainable and illegal.
On this section: Provision relating to bond for good behaviour; the court examined whether breach of such bond can be established merely by arraignment in an offence
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Yanamadala Anil Chand vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a person has been acquitted in most criminal cases, has not been involved in any criminal activity for several years, and has no pending cases, the continuation of a rowdy sheet without any current justification may be deemed arbitrary. In such circumstances, the appropriate remedy is to permit the person to make a representation before the competent police authority (Sub-Divisional Police Officer) for closure of the rowdy sheet, rather than granting absolute mandamus, thereby balancing law enforcement interests with individual rehabilitation rights.
On this section: Applied in context of binding over petitioner for good behavior in Cr.No.93/2003
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Perused the record. 2. In view of the nature of relief sought for in this Writ Petition, notice to unofficial respondent Nos.6 to 9 is dispensed with 3. This Writ Petition is filed seeking to declare the action of the respondents, more particularly respondent No.4 in binding over the petitioner under Sections , 126, 127, 128 and 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') on the request made by respondent No.5 and obtaining bond on 30.08.2024 vide Form No.13 for a period of six months without following due process of law as illegal and arbitrary, and for consequential direction to the respondents to permit him to …
Questions about Section 129
What have the courts held on Section 129 of the Bharatiya Nagarik Suraksha Sanhita?
Hamid Mohd vs Union Territory of Jammu & Kashmir Through Financial Commissioner (Additional Chief Secretary) Home Department Civil Secretariat, Jammu (06 Aug 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 110, which this section replaced -- the court never mentioned this Act: The court noted that this section provides a preventive measure for habitual offenders, which is the appropriate legal mechanism for dealing with persons with a history of criminal activities, rather than preventive detention under the Public Safety Act. Another 5 judgments on this section are set out below. They run from 2012 to 2024.
How do I find court cases under Section 129 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 129, section 129 BNSS, section 129 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 129 g and bnss 129 in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Hamid Mohd vs Union Territory of Jammu & Kashmir Through Financial Commissioner (Additional Chief Secretary) Home Department Civil Secretariat, Jammu (06 Aug 2024).
What should I read with Section 129 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 178 (Power to hold investigation or preliminary inquiry), section 179 (Police officer's power to require attendance of witnesses), section 180 (Examination of witnesses by police), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. It carries forward CrPC 110 (Security for good behaviour from habitual offenders), so the judgments decided under that provision are the case law on this one.
When did Section 129 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 129 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 129, 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.