Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 127: Security for good behaviour from persons disseminating seditious matters.
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of—
- (a) any matter the publication of which is punishable under section 150 or section 194 or section 195 or section 297 of the Bhartiya Nyaya Sanhita, 2023, or
- (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bhartiya Nyaya Sanhita, 2023,
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Bhartiya Nyaya Sanhita, 2023,
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Periodicals Act, 2023 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Brefe Detail
This section addresses the authority of an Executive Magistrate to take preventive action against individuals disseminating seditious materials. It outlines the conditions under which a person can be required to provide security for good behavior, especially concerning the dissemination of seditious or obscene content.
Question & Answers
What powers does an Executive Magistrate have under Section 127?
An Executive Magistrate can require a person suspected of disseminating seditious materials to show cause for executing a bond for good behavior.
What types of materials are covered under this section?
Materials that are punishable under specific sections of the Bhartiya Nyaya Sanhita, 2023, including obscene matters and content that could lead to criminal intimidation or defamation of judges.
Can the editor or publisher of a publication be prosecuted under this section?
No, proceedings cannot be taken against the editor, proprietor, printer, or publisher of a compliant publication without the authority of the State Government.
What is the maximum period for which a bond for good behavior can be executed?
The bond can be executed for a period not exceeding one year.
Example
1. If an individual is found distributing pamphlets that contain defamatory statements about a judge, the Executive Magistrate may issue a notice requiring the individual to show cause for their actions.
2. A person selling books that include obscene content may be required to provide security for their good behavior if the Magistrate believes the content could disturb public peace.
Summary
Section 127 of the Bharatiya Nagarik Suraksha Sanhita empowers Executive Magistrates to require individuals who disseminate seditious materials to execute bonds for good behavior. This section provides protections for publishers who comply with the Press and Registration of Periodicals Act, ensuring that lawful publications are not unjustly prosecuted.
