BNSS Section 125 - Security for keeping peace on conviction.

Description of BNSS Section 125 - Security for keeping peace on conviction.
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
- (a) any offence punishable under Chapter VIII of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 191 or section 194 or section 195 thereof;
- (b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
- (c) any offence of criminal intimidation;
- (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Section | Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|---|
125(2) | Wrongfully confining any person | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable | Non-bailable | Any Magistrate |
125(3) | Wrongfully confining for three or more days. | Imprisonment for 3 years, or Fine of 10000 rupees, or both. | Cognizable | Non-bailable | Any Magistrate |
125(4) | Wrongfully confining for 10 or more days. | Imprisonment for 5 years and fine of 10000 rupees. | Cognizable | Non-bailable | Any Magistrate |
125(5) | Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation | Imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine. | Cognizable | Non-bailable | Magistrate of the first class |
125(6) | Wrongful confinement in secret | Three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine. | Cognizable | Non-bailable | Magistrate of the first class |
125(7) | Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. | Imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. | Cognizable | Non-bailable | Any Magistrate |
125(8) | Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc. | Imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. | Cognizable | Non-bailable | Any Magistrate |