CHAPTER VIII

CHAPTER VIII -SECURITY FOR KEEPING THE PEACE AND FOR

GOOD BEHAVIOUR

106. Security for keeping the peace on conviction—

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of

the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it

is necessary to take security from such person for keeping the peace, the Court may, at the time

of passing sentence on such person, order him to execute a bond, with or without sureties, for

keeping the peace for such period, not exceeding three years, as it thinks fit

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860),

other than an offence, punishable under section 153A or section 153B or section 154

thereof;

(b) any offence which consists of, or includes, assault or using criminal force or

committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a

breach of the peace

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void

(4) An order under this section may also be made by an Appellate Court or by a Court when

exercising its powers of revision

107. Security for keeping the peace in other cases

(1) When an Executive Magistrate receives information that any person is likely to commit a

breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably

occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is

sufficient ground for proceeding, he 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

keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit

(2) Proceeding under this section may be taken before any Executive Magistrate when either the

place where the breach of the peace or disturbance is apprehended is within his local jurisdiction

or there is within such jurisdiction a person who is likely to commit a breach of the peace or

disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction

Comments

Under trial prisoners are not released on bail and remained in jail for 6 months Release of

undertrial due to delay in trial is proper; RD Upadhayaya v State of Andhra Pradesh, 1999 (1)

Scale 139

108. 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 124A or

section 153A or section 153B or section 295A of the Indian Penal Code (45 of

1860), 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

Indian Penal Code

(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 Indian Penal Code (45 of

1860), 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 proceeding 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 Books Act, 1867 (25 of 1867), 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

109. Security for good behaviour from suspected persons

When an Executive Magistrate receive information that there is within his local jurisdiction a

person taking precautions to conceal his presence and that there is reason to believe that he is

doing so with a view to committing a cognizable offence, 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

110. Security for good behaviour from habitual offenders

When an Executive Magistrate receives information that there is within his local jurisdiction a

person who—

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves, or aids in the concealment of disposal of

stolen property, or

(d) habitually commits, or attempts to commit, or abets the Commission of, the offence of

kidnapping, abduction, extortion, cheating or mischief, or any

offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under

section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the Commission of,

offences, involving a breach of the peace, or

(f) habitually commits, or attempts to commit, or abets the commission of—

(i) any offence under one or more of the following Acts, namely:—

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);

(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);

(c) the Employees' Provident Funds and Family Pension Fund Act, 1952

(19 of 1952);

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(e) the Essential Commodities Act, 1955 (10 of 1955);

(f) the Untouchability (Offences) Act, 1955 (22 of 1955);

(g) the Customs Act, 1962 (52 of 1962); or

(ii) any offence punishable under any other law providing for the prevention of

hoarding or profiteering or of adulteration of food or drugs or of corruption, or

(g) is so desperate and dangerous as to render his being at large without security

hazardous to the community, such Magistrate may, in the manner hereinafter provided,

require such person to show cause why he should not be ordered to execute a bond, with

sureties, for his good behaviour for such period, not exceeding three years, as the

Magistrate thinks fit

Comments

The Court must have specific facts and satisfied that counter petitioner is sure to

commit offences mentioned if he is not kept in custody; Gopalalnchari v State of Kerala, 1981

SCCr R 338

111. Order to be made

When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it

necessary to require any person to show cause under such section he shall make an order in

writing, setting forth the substance of the information received, the amount of the bond to be

executed, the term for which it is to be in force, and the number, character and class of sureties

(if any) required

112. Procedure in respect of person present in Court

If the person in respect of whom such order is made is present in Court, it shall be read over to

him, or, if he so desires, the substance thereof shall be explained to him

113. Summons or warrant in case of person not so present

If such person is not present in Court, the Magistrate shall issue a summons requiring him to

appear, or, when such person is in custody, a warrant directing the officer in whose custody he is

to bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the report of a police officer

or upon other information (the substance of which report or information shall be recorded by the

Magistrate), that there is reason to fear the Commission of a breach of the peace, and that such

breach of the peace cannot be prevented otherwise than by the immediate arrest of such person,

the Magistrate may at any time issue a warrant for his arrest

Comments

It is as clear as day that before taking steps for arrest the Magistrate must have reasons to fear the

Commission of breach of the peace and it must appear to him that such breach of peace cannot

be prevented otherwise than by immediate arrest of the alleged person It is incumbent upon the

Magistrate to record an order in writing showing satisfaction for the steps taken under the

proviso to section 113 of the Criminal Procedure Code; Dibakar Naik v Puspalata Patel, (1997)

3 Crimes 107 (Ori)

114. Copy of order to accompany summons or warrant

Every summons or warrant issued under section 113 shall be accompanied by a copy of the order

made under section 111, and such copy shall be delivered by the officer serving or executing

such summons or warrant to the person served with, or arrested under, the same

115. Power to dispense with personal attendance

The Magistrate may, if he sees 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

116. Inquiry as to truth of information

(1) When an order under section 111 has been read or explained under section 112 to a person in

Court, or when any person appears or is brought before a Magistrate in compliance with, or in

execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to

inquire into the truth of the information upon which action has been taken, and to take such

further evidence as may appear necessary

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter

prescribed for conducting trial and recording evidence in summons-cases

(3) After the commencement, and before the completion, of the inquiry under

sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the

prevention of a breach of the peace or disturbance of the public tranquillity or the Commission of

any offence or for the public safety, may, for reason to be recorded in writing, direct the person

in respect of whom the order under section 111 has been made to execute a bond, with or without

sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry

and may detain him in custody until such bond is executed or, in default of execution, until the

inquiry is concluded:

Provided that—

(a) no person against whom proceedings are not being taken over under section 108,

section 109, or section 110 shall be directed to execute a bond for maintaining good

behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of

sureties or the number thereof or the pecuniary extent of their liability, shall not be more

onerous than those specified in the order under section 111

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate

and dangerous as to render his being at large without security hazardous to the community may

be proved by evidence of general repute or otherwise

(5) Where two or more persons have been associated together in the matter under inquiry, they

may be dealt within the same or separate inquiries as the Magistrate shall think just

(6) The inquiry under this section shall be completed within a period of six months from the date

of its commencement, and if such inquiry is not so completed, the proceedings under this

Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be

recorded in writing, the Magistrate otherwise directs :

Provided that where any person has been kept in detention pending such inquiry, the

proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of

a period of six months of such detention

(7) Where any direction is made under sub-section (6) permitting the continuance of

proceedings, the Sessions Judge may, on an application made to him by the aggrieved party,

vacate such direction if he is satisfied that it was not based on any special reason or was perverse

117. Order to give security

If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good

behaviour, as the case may be, that the person in respect of whom the inquiry is made should

execute a bond, with or without sureties, the Magistrate shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different from, or of an amount

larger than, or for a period longer than, that specified in the order made under section

111;

(b) the amount of every bond shall be fixed with due regard to the circumstances of the

case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be

executed only by his sureties

118. Discharge of person informed against

If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or

maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry

is made, should execute a bond, the Magistrate shall make an entry on the record to that effect,

and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such

person is not in custody, shall discharge him

119. Commencement of period for which security is required

(1) If any person, in respect of whom an order requiring security is made under section 106 or

section 117, is, at the time such order is made, sentenced to, or undergoing a sentence of,

imprisonment, the period for which such security is required shall commence on the expiration

of such sentence

(2) In other cases such period shall commence on the date of such order unless the Magistrate,

for sufficient reason, fixes a later date

120. Contents of bond

The bond to be executed by any such person shall bind him to keep the peace or to be of good

behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the

Abetment of, any offence punishable with imprisonment, wherever it may be committed, is a

breach of the bond

121. Power to reject sureties

(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously

accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit

person for the purposes of the bond;

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself

hold an enquiry on oath into the fitness of the surety, or cause such inquiry to be held and a

report to be made thereon by a Magistrate subordinate to him

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to

the person by whom the surety was offered and shall, in making the inquiry, record the substance

of the evidence adduced before him

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or

before, a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any),

that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to

accept or rejecting, as the case may be, such surety and recording his reasons for so doing:

Provided that, before making an order rejecting any surety who has previously been

accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the

person for whom the surety is bound to appear or to be brought before him

122. Imprisonment in default of security

(1) (a) If any person ordered to give security under section 106 or section 117 does not give such

security on or before the date on which the period for which such security is to be given

commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or,

if, he is already in prison, be detained in prison until such period expires or until within such

period he gives the security to the Court or Magistrate who made the order requiring it

(b) If any person after having executed a bond without sureties for keeping the peace in

pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such

Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or

successor-in-office may, after recording the grounds of such proof, order that the person be

arrested and detained in prison until the expiry of the period of the bond and such order shall be

without prejudice to any other punishment or forfeiture to which the said person may be liable in

accordance with law

(2) When such person has been ordered by a Magistrate to give security for a period exceeding

one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a

warrant directing him to be detained in prison pending the orders of the Sessions Judge and the

proceedings shall be laid, as soon as conveniently may be, before such Court

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further

information or evidence which it thinks necessary, and after giving the concerned person a

reasonable opportunity of being heard, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give

security shall not exceed three years

(4) If security has been required in the course of the same proceeding from two or more persons

in respect of any one of whom the proceedings are referred to the Sessions Judge under subsection

(2), such reference shall also include the case of any other of such persons who has been

ordered to give security, and the provisions of

sub-sections (2) and (3) shall, in that event, apply to the case of such other person

also except that the period (if any) for which he may be imprisoned, shall not

exceed the period for which he was ordered to give security

(5) A Sessions Judge may in his discretion transfer any proceeding laid before him under subsection

(2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and

upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the

powers of a Sessions Judge under this section in respect of such proceedings

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter

to the Court or Magistrate who made the order, and shall await the

orders of such Court or Magistrate

(7) Imprisonment for failure to give security for keeping the peace shall be simple

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings

have been taken under section 108, be simple and, where the proceedings have been taken under

section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs

123. Power to release persons imprisoned for failing to give security

(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate

under section 117, or the Chief Judicial Magistrate in any other case is of opinion that any person

imprisoned for failing to give security under this Chapter may be released without hazard to the

community or to any other person, he may order such person to be discharged

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the

High Court or Court of Session, or, where the order was made by any other Court, the District

Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the

Chief Judicial Magistrate in any other case, may make an order reducing the amount of the

security or the number of sureties or the time for which security has been required

(3) An order under sub-section (1) may direct the discharge of such person either without

conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such

person was ordered to give security has expired

(4) The State Government may prescribe the conditions upon which a conditional discharge may

be made

(5) If any condition upon which any person has been discharged is, in the opinion of the District

Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the

Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his

successor, not fulfilled, he may cancel the same

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person

may be arrested by any police officer without warrant, and shall thereupon be produced before

the District Magistrate, in the case of an order passed by an Executive Magistrate under section

117, or the Chief Judicial Magistrate in any other case

(7) Unless such person gives security in accordance with the terms of the original order for the

unexpired portion of the term for which he was in the first instance committed or ordered to be

detained (such portion being deemed to be a period equal to the period between the date of the

breach of the conditions of discharge and the date on which, except for such conditional

discharge, he would have been entitled to release), the District Magistrate, in the case of an order

passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any

other case may remand such person to prison to undergo such unexpired portion

(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section

122, be released at any time on giving security in accordance with the terms of the original order

for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or

to its or his successor

(9) The High Court or Court of Sessions may at any time, for sufficient reasons to be recorded in

writing, cancel any bond for keeping the peace or for good behaviour executed under this

Chapter by any order made by it, and the District Magistrate, in the case of an order passed by an

Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case may

make such cancellation where such bond was executed under his order or under the order of any

other Court in his district

(10) Any surety for the peaceable conduct or good behaviour of another person, ordered to

execute a bond under this Chapter may at any time apply to the Court making such order to

cancel the bond and on such application being made, the Court shall issue a summons or warrant,

as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought

before it

124. Security for unexpired period of bond

(1) When a person for whose appearance a summons or warrant has been issued under the

proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is

brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed

by such person and shall order such person to give, for the unexpired portion of the term of such

bond, fresh security of the same person description as the original security

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) Be deemed to

be an order made under section 106 or section 117, as the case may be