Order to give security
AI Assist
Summary
Magistrate may require a person to execute a bond or bail bond if, after inquiry, it is necessary to keep the peace or ensure good behaviour. The security ordered cannot be of a different kind, larger amount, or longer period than what a prior order specified, and the amount must be reasonable, not excessive. If the person is a child, only the child’s sureties may execute the bond.
Example
Priya, a shopkeeper, repeatedly shouts and threatens customers outside a neighbour’s store. After an inquiry the magistrate finds security necessary to keep the peace and orders her to execute a bond for good behaviour, fixing a moderate amount based on her circumstances. The amount must not be excessive. If Priya were a child, her sureties would have to execute the bond.
Bare Act
Enacted textIf, 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 or bail bond, the Magistrate shall make an order accordingly:
Provided that-
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(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 130;
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(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;
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(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.
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