CrPC Section 117: Order to Give Security – Code of Criminal Procedure

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:

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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 111;

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(b) the amount of every 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 minor, the bond shall be executed only by his sureties.

Explanation:

• This section allows a Magistrate to order a person who has been convicted of an offense to give security for their good behavior or to maintain peace. This is done to prevent the person from committing further offenses.
• The Magistrate can only order such security if they are of the opinion that it is necessary for the prevention of crime. The Magistrate has to be satisfied that the person is likely to commit an offense in the future.
• The security can be in the form of a bond with sureties. The amount of the bond and the duration of the security are at the discretion of the Magistrate.

Illustration:

A person is convicted of rioting and is sentenced to six months’ imprisonment. The Magistrate, based on previous conduct and the nature of the offense, believes the person is likely to engage in further acts of violence. The Magistrate can order the person to provide a bond with sureties, for a specific amount, to ensure they maintain peace and avoid further offenses.

Common Questions and Answers:

Q: What are the conditions for a Magistrate to order security under Section 117?

A: The person must be convicted of an offense punishable by imprisonment exceeding six months, and the Magistrate must be of the opinion that security is necessary for preventing future offenses.

Q: What are the details of the bond?

A: The bond can be for a maximum of two thousand rupees and for a maximum of one year.

Q: What happens if the person fails to provide security?

A: The Magistrate can imprison the person for a period not exceeding one year.