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Notice issued by district magistrate according to bns 126 for maintain


27-Mar-2026 (In Criminal Law)
A false fir was registered against my friend he has received a notice from district magistrate. According to bns 126 the notice was given and told him to sign a bond to maintain peace. How can we challenge this notice as the case is false?
Answers (5)

Answer #1
612 votes
Under the Bharatiya Nyaya Sanhita, Section 126 generally relates to wrongful restraint (similar to old IPC Section 341). It is a cognizable offence (police can register FIR) Usually bailable and triable by magistrate
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Answer #2
624 votes
This is a preventive measure which can be done by the DCP of your local zone as well where they give notice to previous offenders and 2nd or 3rd time offenders so that they won't disturb the peace of the local area, if you accept the chapter you need to sign a bond and the basis of that you will accepting that you won't be fighting and creating ruckus in the society, that's it but if you found fighting you will be not allowed in that area for a brief period of time.
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Answer #3
895 votes
File a revision or petition in the Sessions Court or High Court if the Magistrate's order is flawed (e.g., no proper application of mind, vague reasons, or procedural lapses like not recording the substance of information under related sections Courts have quashed such notices in the past when issued mechanically without sufficient grounds or application of mind.
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Answer #4
894 votes
deny allegations in rply, demand material proof, show no imminent brrach, no past conduct under bns section 126. chalange before high court via write or file revision before session court cirong malfide FIR
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Answer #5
794 votes
A notice to execute bond for keeping peace (under preventive provisions like BNS 126 / earlier CrPC 107–111) is not a punishment but a precautionary action. You should not ignore it. Your remedy: 1. Appear before the Executive Magistrate and file a detailed reply/objection denying allegations. 2. Seek discharge by showing no apprehension of breach of peace and that FIR itself is false. 3. Ask for copy of police report and evidence relied upon. 4. If proceedings are without basis, you can challenge them before Sessions Court/High Court by revision/writ. Till then, comply under protest to avoid adverse order. Non-compliance may lead to coercive action.
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