October 2, 2024

Order to be made When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

Security for good behaviour from habitual offenders When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a)   is by habit a robber, house-breaker, thief, or forger, or (b)   is by habit a receiver of stolen property knowing the same to have been stolen, or (c)   habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or (d)   habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or (e)   habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or (f)   habitually commits, or attempts to commit, or abets the commission of— (i)   any offence under one or more of the following Acts, namely :— (a)   the Drugs and Cosmetics Act, 1940 (23 of 1940); (b)   the Foreign Exchange Regulation Act, 1973 (46 of 1973); (c)   the Employees’ Provident Funds and Family Pension Fund Act, 1952 (19 of 1952); (d)   the Prevention of Food Adulteration Act, 1954 (37 of 1954); (e)   the Essential Commodities Act, 1955 (10 of 1955); (f)   the Untouchability (Offences) Act, 1955 (22 of 1955); (g)   the Customs Act, 1962 (52 of 1962); [***] [(h)   the Foreigners Act, 1946 (31 of 1946); or] (ii)   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, or (g)   is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, 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.  

Security for good behaviour from suspected persons When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. COMMENTS JOINT COMMITTEE OF PARLIAMENT It will be instructive to quote in full the observations of the Joint Committee of Parliament which considered the provisions: “The clause which reproduces section 109 of the old Code has long been the subject of some controversy. There is a sizeable section of opinion which holds the view that the provision is being widely abused and innocent persons are being sent to jail as a result of the proceedings under this section, either for the purpose of showing better statistics of prevention of crime or for other more objectionable purposes. On the other hand, there is also a sizeable section of opinion which would consider the retention of this provision as indispensable for the maintenance of law and order. It is urged that but for this provision the incidence of crime would be very high and professional thieves and anti-social elements would have a field day. The object of this provision is to check and control the persons who are likely to commit offences and it cannot be denied that this cannot be done unless they are prevented from doing so by resorting to provisions of this kind. The Committee was informed that practically all the State Governments are opposed to the deletion of this provision mainly on this ground. The Committee has given a very careful consideration to the conflicting viewpoints indicated above, and has come to the conclusion that the provision relating to persons who have no ostensible means of subsistence or who cannot give a satisfactory account of themselves, should be deleted. Paragraph (a) which deals with persons taking precaution to conceal their presence with a view to committing offences, however, stands on a different footing because, firstly, it is not so widely abused and secondly, it comes in only when there is suspicion of the commission of an offence. The Committee considers that this part of the clause should be retained. But even here it should be restricted to cases where the suspected offence is a cognizable offence. The Committee also considers that the bond to be executed could be without surety if the Magistrate thinks it fit. In coming to the above conclusion the Committee has taken due note of the fact that the power under the clause has been conferred on the Judicial Magistrates, who may be expected to act impartially, with due regard not only to the rights of the persons proceeded against but also to the reasonable needs of prevention of crime.”

Security for good behaviour from persons disseminating seditious matters (1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i)   either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a)   any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or (b)   any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), (ii)   makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 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 keeping the peace in other cases (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. STATE AMENDMENTS RAJASTHAN ■   Section 107(1)     Insert after the expression “orders to execute a bond” and before the expression “for keeping the peace for such period”, the words “with or without sureties” – Vide Ordinance No. 11 of 1978.

Security for keeping the peace on conviction (1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a)   any offence 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 ; (b)   any offence which consists of, or includes, assault or using criminal force or committing mischief ; (c)   any offence of criminal intimidation ; (d)   any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision

Application of this Chapter The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.]  

Procedure in respect of letter of request Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

Certain transfers to be null and void Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void.