Under what circumstances can a Magistrate demand security for good behaviour and peace?

Question: Under what circumstances can a Magistrate demand security for good behaviour and peace? [UPPCJ 1986, RJS 1994]

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Answer

Chapter VIII of CrPC deals with the provisions related to the security for keeping the peace and for good behaviour. Security in this chapter refers to furnishing guarantee to the satisfaction of the Court that certain conduct is mandatory to be maintained for a certain period by a certain person concerning a certain thing.

This procedure takes place in the shape of a bond to be executed by such a person from whom security is demanded. It may occur with sureties or without sureties.

The provisions regarding security for keeping peace and security can be categorized into the following heads-

(1) Security for keeping the peace on conviction (Section 106)

(2) Security for keeping the peace in other cases (Section 107)

(3) Security for good behaviour from persons disseminating seditious matters (Section 108)

(4) Security for good behaviour from suspected persons (Section 109)

(5) Security from the habitual offenders (Section 110)

Section 106 of the Code of Criminal Procedure provides that a Court of sessions or a Magistrate of the First Class may, at the time of passing sentence on a person convicted of certain specified offences, order him to execute a bond for keeping the peace for any period not exceeding three years. It differs from Sections 107 to 110, as the order must be passed at the same time when there is a conviction and passing of a sentence.

The offences in connection with which security can be taken under the section are:-

(a). any offence punishable under chapter VIII of the Indian Penal Code, other than an offence punishable under section 153 A or section 153 B 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 peace.

Section 107 states that 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, 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.

Section 108 states that when an Executive Magistrates receives information that any person within his jurisdiction either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the disseminates of any matter concerning-

(a). Publication which is punishable under sections 124 A or 153 A or 153 B or Section 295 A of the Indian Penal Code.

(b). To an act amounting to criminal intimation or defamation under the Indian Penal Code concerning a judge acting or purporting to act in the official discharge of his official duties

(c). Sale, imports, exports hire, distribution, or publication of any obscene matter, as referred to in section 292 of the Indian Penal Code

Then, the Magistrate may require such person to show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour.

Section 109 states that when an Executive Magistrate receives 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, 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.

Section 110 deals with various categories of offenders habituated to committing a class of offences, such as repeated instances of theft, robbery, kidnapping, abduction, extortion etc.

This section empowers an executive magistrate to show cause why that person of such habitual tendency should not be ordered to execute a bond, with sureties, for their good behaviour for such period, not exceeding three years.

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