Patna: The Bihar government has empowered police officers posted as Inspectors General (IGs) and Deputy Inspectors General (DIGs) in police zones and ranges, as well as Superintendents of Police (SPs) posted in districts, to exercise the powers of Special Executive Magistrates to strengthen law and order during festivals, fairs and processions.
The Home Department’s Police Branch has issued a notification granting the powers, allowing the senior police officers to identify anti-social elements and initiate proceedings to make them execute bonds for maintaining good behaviour and preventing disruption of public order.
The notification states that the powers can be exercised during fairs and processions associated with major festivals, including Saraswati Puja, Holi, Ram Navami, Durga Puja, Diwali, Eid, Bakrid, Muharram, Kali Puja, Chhath Puja and Shab-e-Barat.
The move is aimed at speeding up preventive action against anti-social elements and habitual offenders during periods when large gatherings and processions can create additional law-and-order challenges.
Police Officers Get Powers Under BNSS
Preventive action against anti-social elements and criminals during festivals, fairs and processions generally involves identifying individuals who could potentially disrupt peace and requiring them to execute bonds for good behaviour.
Until now, such powers were primarily exercised by magistrates, including District Magistrates (DMs) and Sub-Divisional Magistrates (SDMs). A departmental review found that the existing process could be time-consuming, slowing down preventive bond proceedings.
In view of this, IGs, DIGs and SPs have now been authorised to exercise powers under Sections 125 to 143 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), according to the notification.
However, the powers will not apply to IGs, DIGs and SPs of the Railway Police Range.
At the district level, Senior Superintendents of Police (SSPs), SPs, City SPs and Rural SPs will be able to exercise the powers of Special Executive Magistrates.
What Is a Preventive Bond?
A preventive bond is a legal undertaking intended to ensure that a person maintains peace and good behaviour.
If a person is found to be spreading hatred, discontent or inflammatory statements that could disturb public order, an Executive Magistrate can require the person to execute a bond for good behaviour for a period of up to one year, as applicable under the law.
In the case of habitual offenders, a bond may be required for a period of up to three years, subject to the applicable legal provisions.
The bond is a written legal undertaking in which the person agrees to maintain peace and comply with specified conditions, including appearing before the police station on a prescribed date where required. A specified monetary amount may also be attached to the bond.
If the conditions of the bond are violated, the amount stipulated in the bond can be forfeited and further legal action, including imprisonment where legally authorised, may follow.
