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Cr P C

Security for keeping peace: Chapter VIII 106-124

Under what circumstance security for keeping peace and good behavior on demand. B. State the procedures to be followed in such cases for keeping good behaviour. Peace and good behaviour are two important expectations of a civilized society. Sec 106 to 110 of the code of Criminal procedures 1973 takes steps in this direction. The object of Sec 106-10 is not fill the jails with trouble and anxious some people whose conviction for any substantive offence cannot be contained By the provision of these sections the intention of the legislature is to secure thee well being of the society to protect the person and property of the community against the misdeeds of habitual offenders and persons of desperate and dangerous character, and to bring about reformation of their criminal habits by imposition of certain penal laws . The object of taking security for peace and good behaviour is the prevention and not punishment of the crime and it is meant to ensure good conduct of bad characters out of jail. Prevention is better than cure. The code of Criminal procedures provides a machinery both for punishment of the offender and prevention of crime Sec 110 does not violate Art 14 or Art 22 of the Constitution of India. Emperor Vs. Durge A I R 1916 Cal 707
By: AK Sood

Cr P C

The provisions relating to peace and good behaviour are as follows; A. Security for keeping peace on conviction. Security can be demanded under Sec 106 , only when a person is convicted for any one of the following offences viz rioting, affray, assault, offence involving breach of public peace, abetment of any of the above offences, and criminal intimidation, before any Court of Session Judge or a Magistrate of I class and if the court is of the opinion for that it is necessary to require such person to execute bond with or without securities for keeping the peace during the said period not exceeding three years Inder Singh Vs. Harbans Singh A I R 1955 Punjab 139 The object is not to penalize the offender but to prevent him from committing crime in future.

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Cr P C
B. Security in keeping peace in other cases According to Sec 107 when a court is informed that the person is likely to commit 1. breach of peace, 2. disturb the public tranquility, the magistrate may require such a person to show cause execute a bond with or without securities for keeping the peace for a period not exceeding one year. For proceeding under Sec 107 it is essential that1. The Magistrate should be satisfied that there are sufficient reasons for proceeding. 2. The magistrate should record his reasons for his satisfaction. 3. Issue notice to the person against whom he wishes to proceed to show Cause why proceedings under this section should not be taken against him. In the case of Ramanaryan Singh Vs. State of Bihar A I R 1972 S C 225 it was held that the powers of the executive Magistrate are wide and important and it is expected they exercise with discretions and lawfully

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Cr P C

The distinction of Sec 106 Vis 107 are as follows:Sec 106 comes into operation when a person is convicted of the offence where as under Sec 107 deals with where is likely hood of a breach of peace Both are counterparts of the same policy to maintain peace. Sec 106 applies when by reasons of the conviction, of a person his past conduct leads to the apprehension for the maintance of peace for the future and for the second i.e., Sec 107 applies when the Executive Magistrate on information is of the opinion that unless prevented from doing so a person is likely to act to the determent of public peace and tranquility (Madhulimaye A I R 1971 S C 2486 ) The magistrate acquires jurisdiction to proceed against a person under 107 only after he has recorded an order under Sec 111 The proceeding of enquiry under Sec 107 cannot be started unless the person to be prosecuted against appears or is brought before the Court for trial Raghubar Dayal Vs. Dist. Judge 1977 A Cr 331. In the case of Prakash Chandra Sachdeva Vs. State (1994) 1 S C C 471 the Apex Court has reiterated the principles that observed that the nature of the proceedings under Sec 107 are of preventive justice and can be invoked when any person is likely to commit breach peace or disturb public tranquility. The proceedings are by and large not administrate but Judicial in nature Ram Charan Vs. State of UP 1953 All 375

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Cr P C
In the case of Reddy (Cs) v. State1973 Cr. LJ 1913 A P the Court has observed that the information required under this Sec must be of clear and definite character and directly effecting the persons against whom the process is issued and should disclose tangible details so that he may come prepared to meet the allegations against him. In the case of Nauridh Vs. State of U P A I R 1982 S C 1299 it was held that the acquittal of accused by treating the statement of a Court witness in the proceeding under Sec 107as substantive evidence of prosecution was error of law and hence bad. C. Security for good behaviour from persons disseminating seditious matters. The Sec 108, 109, & 110 prescribes the circumstances under which the person is required to execute bonds for good behaviour: The Sec 108 lays down provisions for taking security from person disseminating seditious matter promoting enmity between classes According to it when an a executing Magistrate on receiving information that there is with his local jurisdiction any person who with in or with out such jurisdiction-

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Cr P C
I. either orally or in writing security or any other manner intentionally disseminate or abets dissemination of(a) any matter the publication of which under Sec 124 A or Sec 153 B or Sec 295A of th e Indian Penal Code (45 of 1860) or (b) any matter concerning a judge acting or purporting to act in discharge of his official duties which amount ts to criminal intimidation or defamation under Indian Penal Code of (45 of 1860) II. Makes produces or keeps for sale , imports, exports, conveys, sells, , lets to hire, distributes publicity exhibits or any other manner puts in circulation as referred in Sec 292 of the Indian Penal Code (45 of 1860) That such Magistrate may demand such person to execute a bond with or with out sureties for his good behaviour for such period not exceeding one year. In the case of Kedar Nath Vs. State of Bihar A I R 1962 S C 955 where the constitutionality of the Sec was challenged the Apex Court has held in a pithora of cases that the system has been held constitutionally valid in the interest of public interest No proceedings shall be taken against an Editor, Printers of any registered publishers in their work is in conformity with the rules laid down in the Registration of Books Act 1867 (25 0f 19867) D. Security for good behaviour from suspected persons. Under Sec 109 lays down the provisions for security for good behaviour from suspected persons according to it when an Executive Magistrate receives information that there is with in his local jurisdiction a vagrant or a suspected person takes precautions to conceal his presence with a view to committing offence or cannot give a satisfactory account of himself the Magistrate may require such person to execute bond with or with out sureties for good behaviour from such person not exceeding one year.

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Cr P C
In the case of Pralad Sahney Vs. State A I R 1960 Patna 115 it has been held that demand for security for good behaviour Sec 109 shall require(a) Any person conceals his identify and (b) the object of such concealment is to commit a cognizble offence
E. Security for good behaviour from habbitual offenders.

Under Sec 110 if a person is a habitual offender the person is by habit a robber, house breaker, thief, forger, or receiver of stolen property (II) habitually protects and harbours thieves (III) habitually commits kidnappings, abduction extortion, cheating, or mischief, IV habitually commits or attempts to commit or abets the commission of 1. Any offence under the Drugs and Cosmetics Act 1940. The Foreign Exchange Regulation Act 1873, The Employees Provident and Family pension Fund Act 1952. The Prevention of Food Adulteration Act 1954, The Essential Commodities Act 1955, untouchablity (Offence) Act 1955. The Customs Act1962, and the Foreigners Act. 2. Any offence punishable under any law provided for the prevention of the hording Act or profiteering of adulteration of food or drugs or of Corruption Act Thus we see Sec 106-110lays down the provisions for the demand for good behaviour. Sec 110 does not violate Art 14 or art22 of the Constitution of India. Emperor Vs. Durge A I R 1916 Cal 707 In the case of Budan Vs. Emperor the court held that the mere fact that a person had gathered bad elements in his house cannot be a ground to proceed against him U/S 110.

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Cr P C
Q: B. What is the procedure to be followed in a proceeding for taking security for peace or maintaining good behaviour. 1. Sec 111 Orders to be Made- When a magistrate receives any information under Sec 107 to 110 the magistrate shall order him explaining the following points with the intention to require him to show cause why he should not execute a bond for keeping good behaviour(a) substance of information received by the magistrate (b) amount of bond term for which the bond is to be in force (d) the number, character and class of surety Sec 111. In the case of Banarsi Vs. Neelam A I R 1969 Delhi 104 The Court has considered the above points as mandatory. 2. Sec 112- Procedure in respect of persons present in Court If the person is present in the Court then the order shall be read over to him. 3. Sec113. Summons or warrants in case of persons not present in Court If a person is not present in the Court then the magistrate shall issue summons and if such person is not in custody then a warrant directing the Officer in whose custody he is to bring him before the court shall be issued.
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Cr P C
Sec 114 Copy of order to accompany summon or warrant -Every summon or warrant shall be accompanied with a copy of order. Sec 115- Powers to dispense personal attendance. - Such person may appear before the court or through a pleader and his presence can be dispensed with from personal attendance. Sec 116- Inquiry as to truth of Information-When an order under Sec 111 has been read and explained under Sec 112 present in Court or When such person appears before the Court or is brought before the Court after above proceedings then the Magistrate shall inquire the truth of the information and record further information during the inquiry. Inquiry shall be made as nearly as possible in the manner hereinafter prescribed for conduction trial and recording evidence in a summons case. After Inquiry has commenced but before completion of the Inquiry if the Magistrate deems necessary for the maintance of peace and good behavior record the reasons for execution of bond until the conclusion of the Inquiry. Provided no person who has been proceeded under Sec 108 to 110 shall be directed to execute such bond and the bond shall not be more than enshrined in the order under Sec 111. In case if two or more persons have been associated in the inquiry the Magistrate can deal the same as same or separate inquiry During the pendency of inquiry Such person shall be required to execute bond for keeping peace and good behaviour and shall be Such inquiry shall be completed with in 6 months. In the case of Prunner herffla Dutt Vs. Ajit Dutt 1979 Cri L J 316 it was held that extension has to be obtained before the statutory period or else the proceedings will terminated. All said and done there must be some legal evidence on record for the Magistrate to act upon Ram Chandra Vs. Emperor 8 Cr LJ 767
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Cr P C
Sec 117 order to give security- If upon such inquiry it is proved that it is necessary for keeping peace and maintenance for good behaviour that a person should execute a bond with or with out sureties - then the magistrate shall require such bonds. It is pertinent to mention that that the bond ordered bond should be justifiable . It should not be so much that the person cannot execute the bond for the amount, as held in Mohammed Yamani Vs. State of Gujrat. A I R 1969 Gujrat 267 Discharge of a person informed against - If upon inquiry it is found that it is not necessary for a person to execute a bond for keeping peace and maintenances of good behaviour then such person shall be discharged and if in custody he shall be released Sec 118. The bond to be executed by such person shall be bound to keep peace and to maintenance of good behavior ad if such person later commits or abets an offence then it shall be considered breach of bond Sec 118. Sec 119 Commencement of the period fow which security is required. 1. if any person in respect of whom an order requiring security is made under Sec 106 or 117 is at the time of such order sentenced or undergoing sentence of imprisonment, the period of such security shall commence on the expiration of such sentence Sec 120 Contents of the Bond -The bond shall bind him to keep peace or to maintain good behaviour as the case may be the latter in case of commission of or attempt to commit or abetment of any offence , punishable imprisonment whereever it is committed is breach of the bond.

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Cr P C

Powers to reject sureties. A magistrate may refuse any surety on the ground that it is unfit before doing so an inquiry shall be conducted. Sec 121 provided that before refusing so to accepting or rejecting any such surety he shall hold an inquiry and report to be made there on by a magistrate subordinate to him. Under the sub section (2) the magistrate shall before holding inquiry give reasonable time to the surety and to the person by whom the surety was offered and in making the inquiry record the substance of the evidence adduced before him. According to sub section (3) if the magistrate is satisfied after considering the evidence so adduced 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 purpose of the bond , he shall make the order refusing to accept or rejecting as the case may be and recording the reason for doing so. Provided that before making an order rejecting any surety who has been previously accepted, the Magistrate shall issue summons or warrant as he thinks fit and cause the person for whom the surety is bound to appear or brought before him.

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Cr P C
The grounds upon which a Magistrate has powers to refuse to a surety must be such that it must have valid reasons for doing so. It is no disqualification if a surety is in relation as long as the surety is good and sufficient and the sureties are of satisfactory character they cannot be rejected. The order for refusal or rejection must be I n writing and contain the reasons for the order lastly once the surety accepted is refused or rejected the presence of the person bound over is necessary. Imprisonment in case of default of security . If any person fails to give security then he shall be sent to prison Sec 122 Powers to release persons imprisioned for filing to give security. Sec 123.Where any order has been passed by Executive Magistrate U/S 117 or CJM in other cases- if the District Magistrate is of the opinion that the person imprisoned for failing to give security may be released if he is of no hazard to the community Thus, he may be discharged. Further if a person fails to give security under the Chapter the High Court or Court of Sessions and the Dist Magistrate in case of order under Sec117 or by CJM in case of others reduce the amount of security or the time required

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Cr P C
Under the Cr P C the if the person does not full fill the conditions of the bond then the Dist. Magistrate in case of an order passed by the Executive Magistrate under Sec 117, or by the chief Judicial Magistrate in other cases The amendment of Cr P C in1978 has empowered the District Magistrate to release persons imprisoned for failure to give security in case such person was ordered to give security by the executive Magistrate . Cancellation of bound by Securities. Sec 123 of the Act deals with cancellation of bond by sureties. Any surety for peaceful 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 an order to cancel the bond and on such application and on such application be made, the court shall issue summons or warrants as it thinks fit requesting the person for whom such an surety is made directing him to appear before the Court Security for the unexpired portion of the Bond Sec 124 - when a person for who's appearance a summons or warrant has been issued appears or is brought before the Magistrate or Court the Court shall cancel bond executed and may direct such person to give bond , fresh surety or bond for the unexpired portion.
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