Section 106 – Talks about security for keeping peace on Conviction.
Sub-clause (1) – It empowers the Court of Sessions or Court of Judicial Magistrate First Class to convict a person for the offences mentioned in the sub-clause (2), or of abetting any such offence for which the court may think at the time of passing sentence, order him to execute a bond, with or without sureties for keeping peace for such period, not exceeding three years.
Sub-clause (2) – mentions offences referred in sub-clause (1) in 4 parts
i) Offences punishable under Chapter VIII of IPC expect the offences punishable under Section 153-A, 153-B & 154.
ii) Offences consisting of assault, mischief, or criminal force.
iii) Any offences of criminal intimidation.
iv) Offences intended or known to be likely to cause breach of public peace.
Sub-clause (3) – says that if conviction is set aside by appeal or otherwise, the bond so executed shall become void.
Sub-clause (4) – says that an order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
The purpose of an order of security is not to punish but to prevent future commission of an offence. No appeal will lie against an order to furnish security under this section.
Section 107 – Talks about security for keeping the peace in other cases.
Sub-clause (1) – It empowers the Executive Judicial Magistrate, on receiving information that any person is likely to commit a breach of public peace or disturb the public tranquillity or to do any such act provoking the above two situations, and is of the opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond, with or without sureties for the period not exceeding one year, as the Magistrate thinks fit.
Sub-clause (2) – says that, proceedings under this section may take place when either the place where the breach of the peace or disturbance is apprehended is within the local jurisdiction of the Executive Magistrate.
This provision is preventive and not penal. The Magistrate cannot direct to execute bond as an interim measure merely on the basis of police report. Two things are necessary: – 1) Information to the Magistrate & 2) His satisfaction that there was sufficient ground for proceeding.
No police officer can arrest a person without warrant under this section. A Magistrate can issue a warrant of arrest under Section 113. In case of compromise arrived between the two parties, one of them will not be barred from bringing the civil procedure against the other. A temporary residence would be enough to constitute proceedings against a person.
Section 107 is to be read with Section 145(10).
v Difference between Section 106 and 107
Section 106 applies if the person is convicted for an offence whereas Section 107 deals with those cases in which there is likelihood of breach of peace.
Section 108 – Talks about security for good behaviour from persons disseminating seditious matters.
Sub-clause (1) – says, when an Executive Magistrate receives information that any person either orally or in writing or in any other manner, intentionally disseminates or attempts to or abets the dissemination of any matter the publication of which is punishable under section 124-A or 153-A or Section 295-A of IPC, or any matter concerning the Judge acting or purporting to act in the discharge of his official duties makes, produces, publishes or keeps for sale, imports, exports, conveys, sells or in any other manner puts into circulation any obscene matter and the Magistrate is of the opinion that there is sufficient ground for proceeding, the Magistrate may order to execute a bond, with or without sureties for such period not exceeding one period.
Sub-clause (2) – protects the editor, proprietor, printer or publisher from the proceedings under this section.
Section 109 – Talks about security for good behaviour from suspected persons.
Whenever an Executive Magistrate receives information that a person taking precautions to conceal his presence and that there is a reason to believe that he is committing an cognizable offence, the Magistrate can execute the bond for good behaviour for the period not exceeding one year.
Section 110 – Talks about security for good behaviour from habitual offenders.
When an Executive Magistrate receives information that a person who is by habit:-
1) A robber , house breaker, thief or,
2) Receiver of stolen property knowing that the same is stolen,
3) Commits or abets kidnapping, abduction, extortion or any other offence punishable under chapter XII of IPC or under section 489-A, 489-B, 489-C or 489-D of that code.
4) Any offence under the following acts:-
a) The Drugs and Cosmetics Act, 1940.
b) FERA, 1973.
c) Employees Provident Funds and Family Pension Fund Act, 1952.
d) Prevention of Food Adulteration Act, 1954.
e) Essential Commodities Act, 1955.
f) The Untouchability Act, 1955.
g) Customs Act, 1962.
Or any offence which is dangerous to the community at large.
The Magistrate may execute a bond, with sureties, for the period not exceeding three years.
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