Security for Keeping Peace on Conviction; Security for Good Behaviour
Preventive security bonds for keeping peace and good behaviour
Legal Commentary
Explanation
Sections 106–124 are the CrPC's preventive detention/security bond framework — provisions that allow courts and executive magistrates to require potentially dangerous persons to furnish bonds for good behaviour before they commit any offence. Section 106 operates post-conviction: a Sessions Court or First Class Magistrate can, at the time of sentencing, additionally require the convicted person to furnish a peace bond for up to 3 years. Section 107 is the pre-offence preventive tool: an Executive Magistrate who receives information that a person is likely to breach peace can require them to show cause why they shouldn't be bound over. Section 110 targets habitual criminals — persons who are by habit robbers, house-breakers, receivers of stolen property, or otherwise dangerous — allowing a magistrate to require them to furnish good-behaviour bonds. The show-cause procedure in all these provisions is constitutionally mandatory — a person cannot be bound over without an opportunity to be heard. Failure to furnish the required bond results in imprisonment for the bond period (up to the prescribed maximum), which is why these provisions are sometimes called 'preventive detention' light — they detain without a specific criminal trial.