Security for keeping Peace and Good Behaviour | Criminal Law - CLAT PG PDF Download

Introduction

• Chapter 8 of the Criminal Procedure Code (CrPC) deals with provisions related to security for keeping the peace and good behavior.
• In this context, "security" refers to a guarantee provided to the court ensuring that a certain conduct will be maintained by a specific person for a designated period.
• This process involves the execution of a bond by the individual from whom security is demanded, and it can occur with or without sureties.

Section 106: Security for Keeping the Peace on Conviction 

• Overview:  Section 106 of the Code of Criminal Procedure allows a Court of Sessions or a First Class Magistrate to require a convicted individual to execute a bond for keeping the peace for up to three years at the time of sentencing.
• Key Features: 
  • The order for the bond must be issued simultaneously with the conviction and sentencing.
  • The bond can be executed with or without sureties.
• Applicable Offences: 
  • Offences under Chapter VIII of the Indian Penal Code (IPC), except sections 153A, 153B, or 154.
  • Offences involving assault, criminal force, or mischief.
  • Offences of criminal intimidation.
  • Any other offence likely to cause a breach of peace.

Section 107: Security for Keeping the Peace in Other Cases

• Overview:  Section 107 empowers an Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond for keeping the peace for up to one year.
• Application:  This provision is used to prevent potential breaches of peace or disturbances of public tranquillity, especially in contexts like religious processions, festivals, elections, and political movements.
• Key Points: 
  • The Executive Magistrate must have information suggesting that a person is likely to commit a breach of the peace or disturb public tranquillity.
  • The order can be issued with or without sureties.

Section 108: Security for Good Behaviour from Persons Disseminating Seditious Matters 

• Overview:  Section 108 of the CrPC allows an Executive Magistrate to require a person suspected of disseminating seditious or obscene materials to execute a bond for good behaviour for a period not exceeding one year.
• Conditions for Action:  The magistrate must have information that the person is intentionally disseminating materials punishable under sections 124A, 153A, 153B, or 295A of the IPC, or materials concerning a judge that amount to criminal intimidation or defamation.
• Examples of Punishable Materials: 
  • Matters punishable under section 124A (sedition), section 153A (promoting enmity between different groups), section 153B (imputations, assertions prejudicial to national integration), or section 295A (deliberate and malicious acts, intended to outrage religious feelings).
  • Obscene materials as referred to in section 292 of the IPC.
• Procedure:  The magistrate must follow the prescribed manner to require the person to show cause for executing the bond for good behaviour.

Section 109 of CrPC: Security for Good Behaviour from Suspected Persons 

• Overview:  Section 109 of the CrPC allows an Executive Magistrate to require a person, suspected of concealing their presence with the intention of committing a cognizable offence, to execute a bond for good behaviour for a period not exceeding one year.
• Conditions for Action:  The magistrate must have information indicating that the person is taking precautions to hide their presence, suggesting potential criminal intent.
• Procedure:  The magistrate must follow the prescribed manner to require the suspected person to show cause for executing the bond.

Section 110 of CrPC: Security for Good Behaviour from Habitual Offenders 

• Overview:  Section 110 of the CrPC addresses security cases against habitual offenders based on detailed observations recorded in the Station Crime History.
• Requirements:  The person subject to security proceedings must be within the local limits of the Magistrate's jurisdiction at the time of initiation.
• Preventive Nature:  Action under this section is preventive, aimed at protecting society from potential crimes by habitual offenders, rather than punishing for past offences.
• Objective:  The objective is to prevent dangerous characters from committing crimes by placing them under substantial but not excessive security.