Jan 22, 2018
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Security for good behaviour under Code of Criminal Procedure, 1973

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Security for good behaviour under Code of Criminal Procedure, 1973

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

When an Executive Magistrate receives information that within his jurisdiction of any person who, within or without such jurisdiction.-

  1. either orally or in writing intentionally or attempts to or abets the criculation of.-
    1. any matter, the publication of which punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code, or
    2. any matter concerning a Judge, who acts or purports to act while discharging his official duty. Such act amounts to criminal intimidation or defamation under the Indian Penal Code.
  2. makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts in circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860).  If the magistrate thinks that it has sufficient ground for proceeding. The Magistrate may require such person to show cause why he should not ordered execution of a bond, with or without sureties for his good behaviour. It shall for such period, not exceeding one year, as the Magistrate thinks fit.

Proceeding shall not initiated against the editor, proprietor, printer or publisher of any publication registered under Press and Registration of Books Act, 1867. Its also edited, printed and published in conformity with the rules laid down in the Press and Registration of Books Act, 1867. With reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Security for good behaviour from suspected persons (Section 109)

When an Executive Magistrate receive information within his jurisdiction of a person taking precautions to conceal his presence. He also have reason to believe that such person acting with a view to committing a cognizable offence. The Magistrate may require such person to show cause why he should not ordered for execution of a bond, with or without sureties, for his good behaviour. It shall for such period, not exceeding one year, as the Magistrate thinks fit.

Security for good behaviour from habitual offenders (section 110)

When an Executive Magistrate receives information that there is within his local jurisdiction a person who is :

  1. by habit a robber, house-breaker, thief, or can also be a forger, or
  2. by habit a receiver of stolen property knowing the same to have been stolen, or
  3. habitually protects thieves, or also supports in the hiding of disposal of stolen property, or
  4. habitually commits, or attempts to commit, or abets the Commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or also any offence punishable under Chapter XII of the Indian Penal Code, or under section 489 A, section 489B, section 489 C or section 489 D of that Code, or
  5. so desperate and dangerous as to render his being at large without security hazardous to the community.
    The Magistrate may also require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
  6. habitually commits, or attempts to commit, or abets the Commission of, offences, involving a breach of the peace, or
  7. habitually commits, or attempts to commit, or abets the commission of-
    1. any offence under one or more of the following Acts, namely:-
      1. the Drugs and Cosmetics Act, 1940;
      2. the Foreign Exchange Regulation Act, 1973;
      3. the Employees’ Provident Funds  and Family Pension Fund Act, 1952;
      4. the Prevention of Food Adulteration Act, 1954;
      5. the Essential Commodities Act, 1955 ;
      6. the Untouchability (Offences) Act, 1955;
      7. the Customs Act, 1962 ;
      8. the Foreigners Act, 1946; or
    2. any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
Article Categories:
Criminal law

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