Security for keeping the peace on conviction
AI Assist
Summary
When a person is convicted for certain offences that may disturb the peace (Chapter VIII offences except sections 153A, 153B, 154; assault or criminal force, mischief, criminal intimidation, or acts likely to cause a breach of the peace), a Court of Session or a First Class Magistrate may order the person to execute a bond, with or without sureties, to keep the peace for up to three years. If the conviction is set aside on appeal or otherwise the bond becomes void. An Appellate Court or a court in revision may also make this order.
Example
Ravi threatens a neighbour and is convicted of criminal intimidation that could disturb the peace. The First Class Magistrate orders him to execute a bond with a surety to keep the peace for two years. If Ravi’s conviction is overturned on appeal the bond will become void.
Bare Act
Enacted text(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-
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(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;
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(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
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(c) any offence of criminal intimidation;
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(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.
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