CODE OF CRIMINAL PROCEDURE, 1973

Order to give security If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly : Provided that— (a)   no person shall be 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; (b)   the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c)   when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

Inquiry as to truth of information (1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded : Provided that— (a)   no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b)   the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs : Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

Power to dispense with personal attendance The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

Copy of order to accompany summons or warrant Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

Summons or warrant in case of person not so present If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court : Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

Procedure in respect of person present in Court If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

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.