Jan 23, 2018
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Order to give security and power to reject sureties under Code of Criminal Procedure, 1973

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Order to give security and power to reject sureties under  Code of Criminal Procedure, 1973

Order to give security (Section 117)

On inquiry, if its proved that for keeping the peace or maintaining good behaviour necessary. Then the person against whom inquiry made should execute a bond, with or without sureties. The Magistrate shall accordingly make an order. Provided that-

  1. person shall not ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111;
  2. the amount of every bond shall fixed with due regard to the circumstances of the case and shall not cross the limit specified;
  3. when the person in respect of whom the inquiry made is a minor, the bond shall executed only by his sureties.

Discharge of person informed against (Section 118)

On inquiry under section 116, if its proved that for keeping the peace or maintaining good behaviour, its necessary that the person against whom inquiry made, shall execute the bond. The Magistrate shall make an entry on the record to that effect. If such person detained in custody only for the purposes of the inquiry, shall release him. Or also if such person not detained in custody, shall discharge him.

Commencement of period for which security is required (Section 119)

If order passed under section 106 or 117, against any person requiring him to give security. During when the order made, such person sentenced to, or undergoing a sentence of, imprisonment. Therefore, the period for which such security required shall commence on the expiration of such sentence.

In other cases such period shall commence on the date of order. Unless the Magistrate, for sufficient reason, fixes a later date.

Contents of bond (Section 120)

The bond executed by any person shall bind him to keep the peace or to be of good behaviour. In the latter case,

  1. the commission or attempt to commit, or
  2. the abetment of, any offence punishable with imprisonment,

wherever committed, amounts to breach of the bond.

Power to reject sureties (Section 121)

A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond. Provided that, before so refusing to accept or rejecting any such surety. He shall either himself hold an enquiry on oath into the fitness of the surety and make a report thereon by a Magistrate subordinate to him.

  1. Such Magistrate shall give a reasonable notice to surety before holding the inquiry. Also give reasonable notice to the person by whom the surety offered. While making the inquiry, record the substance of the evidence adduced before him.
  2. If the Magistrate is satisfied, after considering the evidence so adduced either before him 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 purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
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Criminal law

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