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CrPC, 1973
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CrPCChapter VIIISection 110
Section110

Security for good behaviour from habitual offenders

AI Assist

Summary

When an Executive Magistrate gets information that a person habitually commits certain offences (theft, robbery, forgery, harbouring thieves, kidnapping, extortion, economic or public‑order offences) or is otherwise dangerously likely to harm the community, the Magistrate can require that person to show cause. If not satisfied, the Magistrate may order the person to execute a bond with sureties for good behaviour for a period up to three years.

Example

Ravi has been repeatedly caught stealing small items from a neighbour’s shop and the police inform the Executive Magistrate. The Magistrate can ask Ravi to show cause why he should not be ordered to give a bond with sureties. If the Magistrate is not satisfied, Ravi may be ordered to execute a bond for good behaviour for up to three years.

Bare Act

Enacted text

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 of 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 489 A, section 489B, section 489 C or section 489 D 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; 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.

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VIII

Chapter VIII

Security For Keeping The Peace And For Good Behaviour

In this chapter

  • 106Security for keeping the peace on conviction
  • 107Security for keeping the peace in other cases
  • 108Security for good behaviour from persons disseminating seditious matters
  • 109Security for good behaviour from suspected persons
  • 110Security for good behaviour from habitual offenders
  • 111Order to be made
  • 112Procedure in respect of person present in Court
  • 113Summons or warrant in case of person not so present
  • 114Copy of order to accompany summons or warrant
  • 115Power to dispense with personal attendance
  • 116Inquiry as to truth of information
  • 117Order to give security
  • 118Discharge of person informed against
  • 119Commencement of period for which security is required
  • 120Contents of bond
  • 121Power to reject sureties
  • 122Imprisonment in default of security
  • 123Power to release persons imprisoned for failing to give security
  • 124Security for unexpired period of bond
Previous · Section 109Security for good behaviour from suspected personsNext · Section 111Order to be made