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Security For Keeping The Peace and For Good Behaviour (S.106-124) Copywrite By:-Dr. P. K. Shukla

The document summarizes key sections (106-124) of the Code of Criminal Procedure relating to security provisions aimed at keeping the peace and ensuring good behavior. These include: 1) Provisions allowing courts/magistrates to order individuals convicted of offenses likely to breach peace to submit bonds to keep the peace. 2) Powers of executive magistrates to similarly require bonds from persons deemed likely to breach peace based on credible information. 3) Provisions for requiring bonds to ensure good behavior from those disseminating seditious matters or suspected of intending to commit offenses.

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Akshay Sarjan
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8K views26 pages

Security For Keeping The Peace and For Good Behaviour (S.106-124) Copywrite By:-Dr. P. K. Shukla

The document summarizes key sections (106-124) of the Code of Criminal Procedure relating to security provisions aimed at keeping the peace and ensuring good behavior. These include: 1) Provisions allowing courts/magistrates to order individuals convicted of offenses likely to breach peace to submit bonds to keep the peace. 2) Powers of executive magistrates to similarly require bonds from persons deemed likely to breach peace based on credible information. 3) Provisions for requiring bonds to ensure good behavior from those disseminating seditious matters or suspected of intending to commit offenses.

Uploaded by

Akshay Sarjan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Chapter

Security for keeping the peace and for good


behaviour ( S.106-124)

Copywrite by :-
Dr. P. k. Shukla
Security for keeping the peace and for good
behaviour ( ss. 106-124)

• Preventive provisions aimed to protect society from potentially


dangerous persons.
• Public peace and tranquility is the concern.
• Power exercised by Courts & Magistrates in their local areas.
• Two kinds of securities are to be taken e.g.
1. For keeping the peace ( ss. 106-107)
2. For good behaviour ( ss. 108,109 & 110)
S.106- Security for keeping the peace on
conviction.

• Nature of judicial proceedings is judicial.


• Upon conviction by Session Court or Court of Magistrate ( 1st class)
for an offence likely to cause breach of peace as specified in sub
sec.(2) may order to execute a bond with /without Sureties for
keeping peace for a period not more than three years.
• Powers excercised by Appellate court and court exercising powers
of revision also.
• For person undergoing imprisonment, the period for security shall
commence on expiration of sentence.
• Upon conviction being set aside and not merely altered bond shall
stand concelled.
S.106- Security for keeping the peace on
conviction.

• Bond u/s.106 relates to keeping peace and not to a binding of


good behaviour. Thus an order demanding both is invalid.
• Order to passed in presence of accused.
S.107. Security for keeping the peace in
other cases.

• Preventive and not punitive provision.


• Prevention of apprehended breach of peace is the subject.
• Power excercised by Executive Magistrates ( place or person within
local jurisdiction).
• Presence of sufficient ground for proceeding against person
against whom Information of likelihood of committing breach of
peace or disturbing public tranquility is received.
• Recording of opinion by Magistrate and preparing a notice u/s. 111
is mandatory.
S.107. Security for keeping the peace in
other cases.

• Powers to be excercised with great care and caution.


• Information received may be from public or private source,but it
must be clear and definite. Magistrate has to exercise discretion
w.r.t. credibility and sufficiency of information and form his own
opinion.
• Execution of a bond for “keeping the peace” is involved.
• Proceedings can be dropped while the cause of apprehension of
breach of peace comes to an end.
S.108 Security for good behaviour from
persons disseminating seditious matters.

• Preventive and not punitive section.


• Security for good behaviour is demanded from person committing
or about to commit any offence ( ss. 124A, 153A, 153B, 295A, 292
etc) specified in the section the antecedents of the person and
other surrounding circumstances are to be considered while
deciding about persons act of disseminating seditious or other
matter.
S.109 security for good behaviour from
suspected persons.

• Checking. And controlling the persons likely to commit offences is


the objective.
• Two conditions precedent for application of the section
1. Person must take Precaution to conceal his presence
2. There is reason to believe that the precaution relates to committing a
cognizable offence.
• ‘ concealing presence’ is a wide term to cover concealment of bodily
presence as well as concealment by wearing mask or disguising etc.
• Concealment however does not include impersonation of someone.
S.109 security for good behaviour from
suspected persons.

• Before making an order u/s. 109, holding of an inquiry u/s. 116 is


necessary.
S.110. security for good behaviour from
habitual offenders.

• The objective of this section is taking security for good behaviour


from habitual offenders and dangerous or desperate criminals in the
habit of committing offences specified in sub clauses (a) to (g). E.g
drug trafficking, food adulteration, smuggling, hoarding, profiteering
etc .
• The S.C. in Gopalanachari vs state of Kerela observed w.r.t.
interpretation of terms ‘ habit’ ‘ habitual’ , desperate dangerous,
and hazardous that these terms “ cannot be flung in that face of a
man proceeded against u/s. 110 with laxity of semantics .The S.C.
therefore directed the Magistrate to exercise great care and caution.
S.110. security for good behaviour from
habitual offenders.

• Before initiating action u/ss.107-110 show cause notice is required


as to why the person should not be bound over basis of
information received against him.
S.111 Order To be made.

• When a magistrate acting u/ss. 107, 108,109 & 110 deems it


necessary to require any person to show cause it is mandatory for
him to make a written order setting forth the substance of
information received, the amount of bond to be executed ,the
term for which it is to be in force, and the number character and
class of Sureties required.
S.112 Procedure in respect of person present
in court.

• If the person against whom the order is made is present in the


court , it shall be read over to him or if he so desires, the
substance thereof shall be explained to him.
S.113 Summons or warrant in case of person
not so present.

• If the person against whom an order is made u/s.111 is not present


in the court, the magistrate shall issue summons requiring him to
appear or issue a warrant directing the person to bring him before
the court ,if he is in custody.
In case it appears to the magistrate upon report of police
officer or other information that there is reason to fear commission
of breach of peace, which cannot be prevented except with the
immediate arrest of the person ,the Magistrate may issue a warrant
for his arrest.
S.114 Copy of order to accompany summons
or warrant

• Every summons or warrant issued u/s.113 shall be accompanied by


a copy of the order made u/s.111 and such copy shall be delivered
by the officer executing summons or warrant to the person served
with ,or arrested.
S.115 Power To dispense with personal
attendance.

• The magistrate may for sufficient cause dispense with the personal
attendance of any person called upon to show cause why he should
not be ordered to execute a bond for keeping the peace or for
good behaviour and may permit him to appear by a pleader.
S.116 Inquiry/as to Truth of information.

• After making an order u/s .111, a judicial inquiry as to Truth information is


to be made.
• Summons proceedure is to be followed for the inquiry.
• A time limit of six months is prescribed for the completng the Inquiry from
the date when the magistrate starts recording evidence and direct the
parties to produce witnesses.
• Evidence regarding general reputation of a person of his being a habitual
offenders and dangerous to be rendered at large Without security, is
admissible. However it should not be based on hearsay or vague or general
opinion of persons, rather it should be scrutinized thoroughly before being
accepted.
S.117. Order to give security.

• A judicial order is passed after inquiry.


• After completing the Inquiry, if the magistrate finds that the
person should execute the bond or furnish Sureties , he shall make
an order.
• While passing the order the following are considered .
1. Terms and conditions fixed in the notice.
2. Reasonability of amount of bond.
3. In case of a minor, bond to be executed by sureties.
S.118. Discharge of person informed against.

• After the conclusion of the Inquiry u/s. 116, if Magistrate finds no


evidence against the person, he shall pass an order of release of
the person in custody or of discharge if the person is not in
custody.
S.119 Commencement of period for which
security is required.

• If an order for security is made u/s. 106 or S.117, and the person
is undergoing a sentence of imprisonment, the period for security
shall commence on the expiration of such sentence on the date of
order , unless fixed otherwise by the Magistrate.
S.120. Contents of bond.

• The bond to be executed by the person shall bind him to keep


peace , or to be of good behaviour and the latter ease commission
, attempt to commit, or abetment of an offence punishable with
imprisonment would be a breach of the bond.
S.121. Power to reject sureties.

• The sureties offered can be refused or rejected by the Magistrate


after judicial enquiry.
• The ground for the refusal or rejection is that surety is an unfit
person for the bond .
• The judicial inquiry can be held by the magistrate himself or by a
subordinate Magistrate.
• Before making an order of rejecting any surety previously
accepted ,summons or warrant shall be issued for appearance
bringing of the person for whom the surety is bound before him.
S.122 Imprisonment in default of security.

• Upon failure of a person to give security u/s.106 or S.107, he shall


be ordered to be detained in prison.
• A person committing breach of peace after executing a bond
without Sureties u/s .108, may be arrested & detained in prison
until expiry of the period of bond.
• The imprisonment awarded in both the cases shall be simple.
• In cases of suspected persons (S.109) or habitual offenders (S.110)
the Imprisonment may be simple or rigorous.
S.122 Imprisonment in default of security.

• The maximum limit of such imprisonment is 3 years and where the


period of security exceeds one year, the proceedings will be
placed before the sessions judge for orders.
S.123 Power the release person imprisoned
for failing to give security.

• The District Magistrate and the CJM have powers to release the
person undergoing imprisonment for his failure to give security if
he thinks that such release will not endanger public peace.
• The High Court/ court of session/ Dm has the power to reduce the
amount of security or number of securities or the time for which
security has been required.
• Under S.123(9), the bonds can be cancelled by the said courts
where there are sufficient reasons to do so. But these reasons
must be recorded in writing.
S.124 Security for unexpired period of bond.

• When upon a Summons or Warrant issued u/ S.121(3) or S.123(10),


a person appears or is brought before the magistrate or court, it
shall cancel the bond executed by such persons and shall order
him to give fresh security of the description of the original
security for the unexpired portion of the term of the bond.
• Every such order shall be deemed to be an order u/ S.106 or 117
as the case maybe for the purposes of ss.120 to 123.

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