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CrPC, 1973
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CrPCChapter VIIISection 117
Section117

Order to give security

AI Assist

Summary

If after inquiry the magistrate finds security necessary to keep the peace or ensure good behaviour, the magistrate can order the person to execute a bond, with or without sureties. The bond’s nature, amount and duration must not be different from, larger than, or longer than what was previously fixed; the amount must suit the circumstances and not be excessive. If the person is a minor, only the sureties execute the bond.

Example

Rohan repeatedly threatens his neighbour and the magistrate, after inquiry, finds security is needed to keep the peace. The magistrate orders Rohan to execute a bond for a fixed amount with a surety; if Rohan had been a minor, only the surety would have to sign the bond.

Bare Act

Enacted text

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.

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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 116Inquiry as to truth of informationNext · Section 118Discharge of person informed against