BNSS Section 109: Police Bond for Good Behaviour
What you need to know
Under Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaces the old CrPC Section 107 — a Magistrate can require a person to execute a bond for maintaining peace or good behaviour, usually on a police report alleging potential breach of peace or likelihood of committing an offence. If you have received a notice under BNSS Section 109, you have the right to appear before the Magistrate, contest the allegations, and present evidence in your favour before any bond is imposed. The proceedings are quasi-judicial: the Magistrate must record an inquiry and give you a fair hearing before imposing any bond. Failure to furnish the bond can result in detention, so it is important to respond promptly and engage a lawyer.
Your rights
Right to receive written notice stating grounds before any bond is demanded
Right to appear, be heard, and lead evidence contesting the allegations
Right to be represented by a lawyer of your choice at the inquiry
Right to appeal to the Sessions Court if an order imposing bond is made against you
What you should do now
Action firstRead the notice carefully
- Note the date of appearance, Magistrate's court name, and the specific allegations mentioned
- Collect any documents that show you are law-abiding (e.g., employment proof, residence proof, no prior criminal record)
Engage a criminal lawyer immediately
- Consult a local criminal lawyer before the first date — contesting at this stage is far easier than after an order is passed
- If you cannot afford one, approach the District Legal Services Authority (DLSA) for free legal aid
Appear before the Magistrate and file a reply
- Submit a written reply (see draft below) denying the allegations and requesting dismissal of proceedings
- Present witnesses or affidavits if the police report contains false or exaggerated claims
If bond is imposed, consider appeal
- An order under BNSS Section 109 can be challenged before the Sessions Court under BNSS Section 438
- Apply for bail / exemption from bond simultaneously to avoid detention
Acts applicable
Bharatiya Nagarik Suraksha Sanhita, 2023
centralSection 109 — bond for keeping peace on Magistrate's order
Bharatiya Nagarik Suraksha Sanhita, 2023
centralSection 126 — detention for failure to give security
Constitution of India
centralArticle 21 — personal liberty cannot be curtailed without due procedure