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

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CrPC Section 117: Order to Give Security

This section deals with the power of a Magistrate to order a person to give security for good behavior or for maintaining peace.

1. The Code:

Section 117 of the Code of Criminal Procedure, 1973 states:

When any person is convicted of an offense punishable under this Code, or any other law, by which he is liable to imprisonment for a term exceeding six months, and the Magistrate before whom he is convicted is of opinion that it is necessary, for the prevention of the commission of any offense, to direct such person to give security for his good behavior, or for maintaining peace, such Magistrate may, in addition to any other punishment to which such person may be liable, direct such person to execute a bond, with one or more sureties, for any sum not exceeding two thousand rupees, for a period not exceeding one year, to the effect that he will keep the peace and be of good behavior, or, as the case may be, maintain peace.

2. 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.
Also Read  Section 28 CrPC: Sentences High Courts & Sessions Judges Can Pass - Code of Criminal Procedure

3. 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.

4. 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.
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