SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
The Sessions Court or First Class Magistrate Court when convicts a person for any offences mentioned in this Section or such person is abetting any such offences, in such case, the Court may take Security from such person to maintain peace. The Security could be taken while passing a Sentence directing him to execute a bond with or without Sureties for keeping peace for not less than 3 years as the Court deems fit.
The offences for which Security is taken includes;
- Any Offence punishable under Chapter VIII of the IPC, exception is Section 153 [A] [B] and Section 154 IPC.
- Any Offence relates to assault, using criminal force and committing mischief.
- Any Offence of criminal intimidation.
- Any other Offence which caused or attempted or having knowledge of it may cause a breach of peace.
The bond shall become void provided the conviction is set aside in Appeal.
The Executive Magistrate receives information that a person may commit breach of peace or disturb public tranquility or do any wrongful act, perhaps such of his act may create disharmony in the local area, in such case, the Magistrate may Order him to show-cause, why he can’t be directed to execute a bond with or without Sureties for certain period but not above 1 year to keep peace.
The Proceedings under this Section shall take place within the local Jurisdiction of the Executive Magistrate who anticipates such breaking of peace or at the place where such person may likely to commit such Offence, beyond his Jurisdiction.
When an Executive Magistrate receives an information that in his Jurisdiction a person with or without having any Jurisdiction;
Either orally or by written or in any other manner, yet purposefully, spreads or attempting to spread any matter of publication which already termed a punishable offences under any of the Section 124-A, 153-A, 153-B or 295-A of IPC. Or,
A person committing any act of criminal intimidation or defamatory against a Judge while he discharges his official responsibility. Or,
Make, produce, publish, keeps for sale, let to hire, distribute, export, import and publicly exhibit or in any other manner puts into circulation of obscene matter punishable under Section 292 of IPC.
The Magistrate, based on the information available at his disposal, is of the opinion that he has reasonable grounds against the person committing any of such offences and he thereby order him to show-cause why he can’t be asked to execute a bond for about an year with or without Sureties for keeping good behaviour.
No proceedings shall be conducted against the Editor, Publisher, Proprietor or Printer of any Publication who complies with the rules laid down under the Press and Registration of Books Act, 1867, however, if any breach was found against them, except prior sanctions of the State or the person authorised in this regard.
The Executive Magistrate has reason to believe that a person in his local Jurisdiction with an aim to commit a Cognizable Offence is taking precaution to conceal himself. In such case, if the Magistrate thinks fit, he may Order him a show-cause, why he can’t be ordered to execute a bond with or without sureties for about a year.
When an Executive Magistrate receives information about a habitual offender in his local Jurisdiction, who is a robber or house-breaker or thief or forger by habit, or a receiver of stolen property by habit, or protect or give shelter to the thieves or assist in the hiding of stolen property, or habitually commit or attempt to commit or abets abduction, extortion, cheating, mischief or any offence punishable under Chapter XII of IPC or under Section 489-A, 489-B, 489C or 489D of that Code, or involved in breach of peace or involved in offences under Special Acts like Drugs and Cosmetics Act, FERA, EPF & Family Pension Fund Act, Essential Commodities Act, The Untouchability [Offences] Act, Customs Act, Foreigners Act, any offence under prevention of hoarding or profiteering or of adulteration of food or drugs or corruption, or he is dangerous to the community if at large, such Magistrate may show-cause why such person not ordered to execute a bond with Sureties to maintain good behaviour for certain period but not exceeding 3 years as he thinks fit.
The Executive Magistrate who requires any person to show-cause while he act under Section 107, 108, 109 or 110 he shall pass an Order stating the substance of information he received, amount of bond to be executed, number of Surety [if any], timeline of its in force.
Provided the person against whom such Order is made available in the Court, then the Order should be read over to him and substance must be explained.
In case, the person against whom the Order is required to be passed is not present in the Court, he is ordered to appear in the Court by issuing him a Summons. If he is under custody, the Court shall direct the Officer in whose custody he is, to produce him in his Court.
If, the Magistrate was apprised of by the Police through a report that there is possibility of breach of peace and it can never be prevented without arrest of such person, in such case, the Magistrate record the substance of the report given by the Police and direct his arrest by issuing a Warrant.
The Summons or Warrant issued by the Court under Section 113 of Cr.P.C. shall be delivered by the Executant together with the Order made under Section 111 and arrest be made then.
The Magistrate who requires attendance of a person, against whom he caused upon to show-cause for execution of a bond to keep peace or good behaviour, be dispensed with if it sees sufficient cause and allow his Pleader to appear.
While an Order under Section 111 read out to the person and under Section 112 the Court has also explained the substance of the report or information it received against the person or complying with the Summons or Warrant issued under Section 113, the Court may then proceed to inquire the facts and may take further evidences if appears necessary.
The Court shall conduct such inquiry and record evidences similar to Summons-case.
While conducting inquiry, the Magistrate is of the opinion that if not taken a bond with or without sureties till completion of such proceedings, the person might involve in breach of peace or create disharmony among public or pose dangerous to public safety, the Court then record it in writing and direct the person to execute a bond to keep peace and maintain good behaviour till it completes the inquiry and such person shall be kept in custody until he executes a bond.
Meantime, the proceedings were not initiated against those shall be directed by the Court to execute a bond for maintaining good behaviour.
The Court, while fixing worth of bond, number of sureties and other terms of the bond, must ensure that it is not placing untenable burden on the person.
Provided the Court sees that the person is a habitual offender, danger to public harmony or public safety – arrival of such findings must be based on proved evidences.
When two or more persons are involved in breach of peace or such similar things, the Court may either conduct joint inquiry or separate inquiry as it thinks necessary.
Whereas such inquiry is not completed within the stipulated 6 months from the date of commencement then the proceedings must be terminated. No proceeding is allowed to extend beyond the stipulated six month period until the reasons for such extension is recorded in writing. Otherwise, if the inquiry is terminated on concluding of six months, the person kept in custody shall be released. Even otherwise, the proceedings is extended after six month, the person who is aggrieved can approach the Sessions Court. If the Sessions Court found the extension period of proceedings was against justice, it would vacate such extension.
The Magistrate, requires a bond with or without sureties to be executed by the person, according to him necessary for keeping peace and maintaining good behaviour, in such case, the person shall not be called to execute a bond of larger amount or for a longer period against the essence and spirit of Section 111. The amount of bond shall be within the nature of the case, but, certainly not in excessive. If the person is a minor, he then called only to execute a bond with sureties.
During an inquiry it was found by the Magistrate, execution of a bond to keep peace and maintaining good behaviour by the person was unnecessary, he can record the same and discharge the person from proceeding. Provided the person was confined for inquiry he shall be released.
When an Order was passed against a person under Sections 106 or 117 and the person while passing of such Order was undergoing a jail term, in such case, the Order shall come into effect after expiry of the sentenced period. Otherwise, in normal course, the Order shall be effective from the date it passed by the Magistrate.
The person who has executed a bond and at later date while the bond was in operative committed any offence it shall be termed as breach of the bond.
The Magistrate may accept or reject any surety and he commands such privilege under the Law. Otherwise, the Magistrate can also disqualify any Surety given before his predecessor terming it unfit with respect to the bond executed by the person. Before rejecting or accepting such Surety, it is expected of the Magistrate to conduct inquiry of the Surety under oath for its fitness by him or by his Subordinate. If, Subordinate conducted the inquiry he needs to file a report to the Magistrate who authorised him.
Such Magistrate before holding an inquiry may give sufficient notice to the Surety and also to that person who executed the bond and record the substance of the evidence of such Surety.
Provided the Magistrate on his own, or from the report filed by his Subordinate, based on the evidences he perused, found that the Surety was unfit he can reject the same and reasons for his rejection be appropriately recorded.
The Magistrate before rejecting any Surety, which was originally accepted by his predecessor, issue Summons or Warrant and cause the person to appear in his Court physically.
Whereas if any person was ordered to give Security, within the stipulated time, under Sections 106 or 117 and he did not give that within the period, the Court may then jail him till he gives Security. Provided, the person was already in prison he shall not be released until he gives Security.
Provided a person executed a bond with or without Surety for keeping peace against the Order passed under Section 117 of Cr.P.C. and he then violated the bond terms, the concerned Magistrate may record such proof of violation and remand him to jail until the expiry of remaining bond period. Such order will not have any bearing effect over any other punishment such person already undergoes.
When such person was ordered to give Security by the Magistrate for a period exceeding one year and he fails to comply then the Magistrate can issue a Warrant for his arrest and detained him in prison till Sessions Court decides the matter.
The Sessions Court, having received and perused all the evidences and information from the Magistrate and also giving an opportunity of being heard to such person, pass appropriate Order. Any person failed to give Security he shall not be imprisoned for more than 3 years.
In a proceeding, when two or more persons were involved, of which, proceeding against one person referred to the Sessions Court and such other person was ordered to give Security by the Magistrate. Provided subsections 2 and 3 if applied against one person by the Sessions Court and the same shall also be applied on other person too, however, there shall not be exceeding imprisoned period for which the Security was given by the other person.
The proceedings could be committed by the Sessions Judge to his Subordinate Judges; Additional or Assistant Sessions Judges and he derives the same powers of the Sessions Judge in deciding the matter.
If the Security is given to the Jail Authority he then refer the matter to the concerned Magistrate or Court and shall wait for the Orders.
Simple imprisonment should be given to the person who fail to give Security to keep peace. If the proceedings has taken place subject to Section 108 of Cr.P.C. for maintaining good behaviour the person shall be given simple imprisonment and if the same dealt under Section 109 or 110, the Magistrate or Court would decide whether simple or rigorous.
The District Magistrate can discharge a person who was jailed for failing to give Security as against the order of the Executive Magistrate or Chief Judicial Magistrate.
Otherwise, the High Court, the Sessions Court or the District Magistrate on appeal is empowered to reduce the Security amount, number of Sureties or the time for such Security required under the Order passed under Section 117 of Cr.P.C. by either the Chief Judicial Magistrate or the Executive Magistrate.
When the Order passed to discharge of such person with or without any conditions and accepted by such person and those conditions became inoperative when such ordered to give such Security expires.
The State may fix any conditions for conditional discharge of the person.
The District Magistrate, on the grounds that the conditions upon which the person was discharged and such conditions were unfulfilled, can revoke the order of discharge.
Upon cancellation of the Order of Discharge any Police Officer, without Warrant of Arrest, is authorised under Law to produce the person in District Magistrate Court.
If the person fails to give Security for the unexpired portion although he has agreed to the terms at first instance [of such Order] under which he was detained. The unexpired portion is a period equal to the period between the date of breach of condition of discharge and his entitlement for release. The District Magistrate can remand such person for remaining period of unexpired portion.
Provided the person gives Security to the unexpired portion [for which, he was sent to jail under Section 122(7)] he shall be released by the same Court, who passed the Order, on the strength of terms of such Order.
The High Court or the Sessions Court may cancel the bond for keeping peace or maintaining good behaviour at any time if it found sufficient reasons and it may record the same in writing.
The person who stood as Surety, to the person who executed a bond, desires to withdraw his Surety, the Court hearing such Application may issue Summons or Warrant to the person against whom the bond is executed to appear in its Court.
A Summons or Warrant issued against a person for his physical presence in the Court and on appearance of such person the Court may cancel his bond that he executed before and order him to execute a fresh bond for the remaining period with fresh Security for the same terms as it was ordered originally.