Section 139 BNSS: Contents of Bond
Section 139 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states what a bond or bail bond executed in preventive security proceedings must require. Depending on the proceeding, the person is bound either to keep the peace or to be of good behaviour. For a good-behaviour bond, certain criminal conduct expressly amounts to breach.
Bare Act Text of Section 139 BNSS
Meaning of Section 139 BNSS
Section 139 defines the substantive obligation contained in a bond or bail bond required under the preventive security provisions of Chapter IX. The exact obligation depends on the nature of the proceeding: a bond may require the person to keep the peace, or it may require the person to be of good behaviour.
The section also specifies an important consequence for a good-behaviour bond. If the person commits, attempts to commit, or abets any offence punishable with imprisonment, that conduct constitutes breach of the bond or bail bond.
Two Types of Obligations under Section 139
| Type of Security | Obligation under the Bond |
|---|---|
| Security for keeping the peace | The bond or bail bond binds the person to keep the peace for the period for which security has been ordered. |
| Security for good behaviour | The bond or bail bond binds the person to be of good behaviour, and the statutory breach rule in Section 139 applies. |
What Is a Breach of a Good-Behaviour Bond?
In the case of a bond for good behaviour, Section 139 expressly treats the following conduct as breach where it concerns an offence punishable with imprisonment:
- commission of the offence;
- attempt to commit the offence; or
- abetment of the offence.
Meaning of "Offence Punishable with Imprisonment"
Section 139 uses a broad statutory test. For purposes of the express breach rule relating to a good-behaviour bond, the relevant question is whether the offence is one for which imprisonment is prescribed as a punishment. The provision is not confined to a particular category or location of offence.
Commission, Attempt and Abetment
The provision is wider than completed commission alone. It expressly includes an attempt to commit an imprisonable offence and abetment of such an offence. Accordingly, breach may arise from conduct that falls within any of these three statutory categories.
| Conduct | Effect under Section 139 |
|---|---|
| Commission of an offence punishable with imprisonment | Expressly treated as breach of a good-behaviour bond or bail bond. |
| Attempt to commit such an offence | Expressly treated as breach. |
| Abetment of such an offence | Expressly treated as breach. |
| Place of commission | The statutory rule applies wherever the offence may be committed. |
Relationship with Sections 136 and 138 BNSS
Section 136 BNSS deals with the order to give security after the inquiry under Section 135 establishes that security is necessary. Section 138 BNSS determines when the period for which security is required begins.
Section 139 then describes the content of the bond or bail bond itself: the person must keep the peace or be of good behaviour, as the case may be.
Relationship with Section 140 BNSS
After the content of the bond is determined under Section 139, Section 140 BNSS deals with the Magistrate's power regarding sureties offered or already accepted under the security provisions.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 139 BNSS substantially corresponds to Section 120 of the Code of Criminal Procedure, 1973, which was also titled "Contents of bond". Under the BNSS, the current statutory reference for this subject is Section 139.
Key Points at a Glance
- The bond must require the person to keep the peace or to be of good behaviour, depending on the proceeding.
- The special breach rule applies to a good-behaviour bond.
- Commission of an imprisonable offence constitutes breach.
- Attempt to commit such an offence also constitutes breach.
- Abetment of such an offence also constitutes breach.
- The place where the offence is committed does not restrict the operation of the statutory breach rule.
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This page is intended for legal information and reference. Application of criminal procedure may depend on the facts, date of proceedings, judicial orders and applicable saving or transitional provisions.