CRPCSection 106-124Verified

Security for Keeping Peace on Conviction; Security for Good Behaviour

Preventive security bonds for keeping peace and good behaviour

Legal Commentary

Section 106: When any 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. Section 107: 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, 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 keeping the peace. Section 110: 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; (b) is by habit a receiver of stolen property; (c) habitually protects or harbours thieves, or habitually commits extortion or puts persons in fear of injury in order to commit extortion; (d) is a dangerous person; — the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond.

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.

Related Topics

CrPC Section 106CrPC Section 107CrPC Section 108security for keeping peace Indiagood behaviour bond IndiaCrPC 107 habitual offendersecurity bond criminal IndiaBNSS security bond provisions

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections