CrPC Section 110: Security for Good Behaviour from Habitual Offenders

1. State the Code:

Section 110 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to demand security for good behaviour from habitual offenders.

2. 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.

3. 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.

4. 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.