Section 109 CrPC: Security for Good Behaviour from Suspected Persons – India

1. State the code

Section 109 of the Code of Criminal Procedure (CrPC) empowers a Magistrate to demand security for good behaviour from any person who is suspected of committing, or being likely to commit, a breach of the peace or any other offence. This section is intended to prevent potential crimes and maintain public order.

2. Explain it

• Grounds for Application: The Magistrate can invoke this section if there are reasonable grounds to believe that a person is:
  • About to commit a crime.
  • Likely to disturb public peace.
  • Engaged in activities that threaten public safety.
• Order for Security: The Magistrate can order the suspected person to furnish security for good behaviour, which means the person must provide a guarantee that they will not engage in any unlawful activities or disturb the peace.
• Types of Security:
  • Personal Bond: The person may be required to execute a bond, promising to maintain good behaviour.
  • Sureties: The person may need to produce one or more sureties, who guarantee their good conduct.
  • Financial Security: The Magistrate can impose a financial penalty, which the person will have to pay if they violate the conditions of the bond.
• Duration of Bond: The Magistrate decides the duration of the security bond, which can range from a few weeks to several years.
• Appeal: The person can appeal against the Magistrate’s order to a higher court.

3. Illustrate it

Suppose a person is known to be involved in gang fights and has threatened to cause violence in the area. The local Magistrate, based on this information, can invoke Section 109 and order the person to provide security for good behaviour. This might involve requiring the person to execute a bond, provide sureties, or pay a financial penalty. Failure to comply with these conditions could lead to legal consequences.

4. Common Questions and Answers

Q1. What are the criteria for a person to be considered a “suspected person” under Section 109?

A1.

The Magistrate must have reasonable grounds to believe that the person is likely to commit a crime or disrupt public peace. This could be based on past behaviour, threats, or other suspicious activity.

Q2. What are the rights of the person subject to a security bond under Section 109?

A2.

The person has the right to be informed of the reasons for the order, the opportunity to be heard, and the right to appeal the decision. They can also challenge the validity of the order in court.

Q3. What happens if the person violates the conditions of the security bond?

A3.

If the person violates the bond conditions, they can be arrested and punished according to the law. The sureties can also be held responsible for the person’s actions.