Delhi High Court: Sufficient Material Existed for Notice U/S 126 BNSS Against AISA President Neha Bora

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Published 24 October 2026

Bottom Line Up Front (BLUF)

In Neha Bora v. State of NCT of Delhi, the Delhi High Court held that sufficient material was before the Special Executive Magistrate (SEM) to issue a notice under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Court noted that proceedings to keep peace are preventive, not punitive, and a single incident can be sufficient. The SEM was directed to share the material with the petitioner and ensure natural justice.

Ratio Decidendi · Legal Principle Established

Proceedings under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are preventive, not punitive, and even a single incident may provide sufficient material for a Magistrate to initiate such proceedings. However, the principles of natural justice, including sharing the material with the affected party, must be observed.

Practice & Procedural Impact for Advocates

Advocates should advise clients that preventive proceedings under BNSS (formerly CrPC) can be initiated based on minimal material, but the Magistrate must ensure due process by sharing the basis of the notice. Litigants facing such notices should demand access to the material relied upon by the Magistrate.

Key Legal Takeaways

1Preventive proceedings under BNSS Section 126 are not punitive.
2A single incident can be sufficient grounds for initiating peace bond proceedings.
3Magistrates must share the material relied upon with the noticee to ensure natural justice.
4Counsel should confirm whether CrPC or BNSS applies based on the proceeding's initiation date.

The Legal Issue The Delhi High Court addressed a plea challenging a notice issued by a Special Executive Magistrate (SEM) under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), corresponding to Section 107 of the Code of Criminal Procedure (CrPC), 1973. The petitioner, AISA President Neha Bora, contended that there was insufficient material for the SEM to form an opinion that a breach of peace was likely.

Court's Reasoning The Delhi High Court observed that the proceedings initiated under Section 126 BNSS (formerly Section 107 CrPC) are preventive in nature, aimed at maintaining peace, rather than punitive. The Court clarified that for such proceedings, even a single incident could provide sufficient material for the Magistrate to form an opinion that a breach of peace is apprehended. The Bench found that the material placed before the SEM was adequate to issue the notice. However, the Court also emphasized the importance of natural justice, directing the SEM to share all relevant material with the petitioner to enable her to respond effectively.

What Follows The Delhi High Court dismissed the petitioner's plea, affirming the validity of the notice issued under Section 126 BNSS. The Special Executive Magistrate was directed to provide the petitioner with all the material relied upon for issuing the notice and to ensure that the principles of natural justice are strictly observed throughout the proceedings. Counsel should confirm whether the CrPC or BNSS provision applies based on the date the proceeding was initiated, as per BNSS s.531(2)(a).