Jan 22, 2018
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In which cases security is required for keeping the Peace?

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In which cases security is required for keeping Peace? ( Code of Criminal Procedure, 1973)

Security for keeping the peace on conviction (Section 106)

When an Executive Magistrate comes to know about any person likely to commit a breach of the peace or disturb the public tranquility. Also such person to do any wrongful act that may result into a breach of the peace or disturb the public tranquility. If executive Magistrate thinks that it amounts to sufficient ground for proceeding. He may require such person to show cause why he should not order him to execute a bond with or without sureties for keeping the peace.  It shall for such period, not exceeding one year, as the Magistrate thinks fit.

The Executive Magistrate may initiate the proceeding under this section. When either the place where the breach of the peace or disturbance, apprehended within his local jurisdiction. Also within such jurisdiction a person likely to commit a breach of the peace or disturb the public tranquility. Such act as aforesaid done beyond such jurisdiction.

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

When a Court of Session or Court of a Magistrate of the first class convicts a person of abetting any such offence. If court thinks that its necessary to take security from such person for keeping the peace. The Court may order him to execute a bond, with or without sureties, for keeping the peace. It shall for such period, not exceeding three years, as it thinks fit. The bond shall executed at the time of passing sentence on such person.

The offences referred to in Sub-Section (1) are any offence :

  1. punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence, punishable under section 153A or section 153B or section 154 thereof;
  2. which amounts to assault or using criminal force or committing mischief;
  3. of criminal intimidation;
  4. which caused, or intended or known to likely to cause, a breach of the peace.

If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Article Categories:
Criminal law

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