Code:
When 1 [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);
2[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);]
(c) the Employees Provident Fund 3 [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); 4 ***
5[(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 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.
Explanation:
This section empowers a Magistrate to order an individual to furnish a surety for their good behaviour if they are considered a habitual offender or if there is reason to believe they are likely to commit an offence.
The Magistrate can take this action if they are satisfied that:
- The person has been previously convicted of an offence.
- The person has a reputation for being involved in criminal activities.
- The person is likely to commit an offence.
The Magistrate can impose conditions on the individual, such as prohibiting them from entering certain areas or associating with particular individuals.
Illustration:
Consider a situation where an individual has been repeatedly arrested for petty theft. Despite warnings and previous punishments, they continue to engage in such activities. In this case, a Magistrate can invoke Section 110 to demand security for good behaviour, potentially requiring the individual to provide a surety and limiting their movement or associations to deter further criminal activity.
Common Questions and Answers:
Q: Who can be ordered to furnish security for good behaviour under Section 110?
A: Any person who is considered a habitual offender or likely to commit an offence can be ordered to furnish security.
Q: What happens if a person fails to furnish security?
A: If a person fails to furnish security, they can be imprisoned for a term not exceeding one year.
Q: Can a person be ordered to furnish security without a hearing?
A: No, the Magistrate must give the person an opportunity to be heard before ordering them to furnish security.
