Code
(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—
(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;
(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation;
(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 revisionExplanation
This section empowers a court to demand security from a convicted person to ensure they maintain peace and good behavior. This is done to prevent the person from committing further offenses or disrupting public order. The court may impose a security bond, which the person must pay, and failure to do so can lead to imprisonment.
The court has the discretion to determine whether to demand security based on the nature of the offense, the offender’s past conduct, and the likelihood of future offenses. This section is intended to serve as a preventative measure to maintain public safety and order.
Illustration
Imagine a person is convicted of assault. The court, considering the nature of the offense and the possibility of the person committing similar acts in the future, may demand security for keeping the peace. The court may order the person to provide a bond of a certain amount, and failure to do so could result in imprisonment. This serves as a deterrent and ensures the person maintains peace.
Common Questions and Answers
Q: Who can demand security under Section 106 CrPC?
A: Only a court can demand security under this section.
Q: When can a court demand security?
A: The court can demand security only after a person has been convicted of an offense.
Q: What happens if the convicted person fails to provide security?
A: If the convicted person fails to provide security, the court can imprison them for a period of up to one year.
Q: Can the convicted person appeal against the court’s order to provide security?
A: Yes, the convicted person can appeal against the court’s order to provide security.
