The legal provisions for ensuring “security for keeping the peace and good behavior” are typically found in Section 107 to 124 of the Code of Criminal Procedure (CrPC) in India.
Security for Keeping the Peace and Good Behavior:
Security for keeping the peace and good behavior is a legal mechanism used by law enforcement authorities and courts to prevent individuals from engaging in behavior that may disrupt public order or pose a threat to the peace and safety of society. It involves requiring individuals to provide a financial guarantee (security) to ensure their good conduct and prevent them from committing any unlawful acts.
Relevant Sections in the CrPC:
Section 107 – Security for Keeping the Peace:
- Section 107 of the CrPC empowers the Executive Magistrate to require a person to execute a bond with or without sureties for keeping the peace. This section is invoked when there is an apprehension that an individual may commit a breach of the peace.
Section 108 – Security for Good Behavior:
- Section 108 of the CrPC authorizes the Executive Magistrate to demand a person to execute a bond with or without sureties for maintaining good behavior. This is done when there is a reasonable fear that the individual may conduct themselves unlawfully or cause a disturbance.
Section 109 – Security by the Accused:
- Section 109 allows the court to require an accused person to execute a bond for their appearance during the course of an investigation or trial. This may include a bond for keeping the peace or for good behavior.
Section 110 – Security for Persons Discharged:
- Section 110 allows the court to require a person discharged from custody to execute a bond for maintaining good behavior or for preventing a breach of the peace.
Procedures
The procedures under these sections generally involve the concerned magistrate issuing a notice to the individual, requiring them to appear and show cause as to why they should not be required to provide the specified security. The individual can then present their case, and the magistrate will decide whether to order the execution of the bond and, if so, under what conditions.
Duration
The duration for which the bond remains in force varies and is typically specified by the magistrate. It may extend for several months or years, and the individual must maintain good behaviour and keep the peace during that period. Violation of the conditions of the bond may result in forfeiture of the security and further legal action.
Inder Mohan Goswami vs. State of Uttaranchal (2007)
- This case emphasized that the power to require an individual to execute a bond for keeping the peace and maintaining good behavior must be exercised judiciously. The court should have reasonable grounds to believe that the person’s behavior poses a threat to public order or safety.
Nandini Satpathy vs. P.L. Dani (1978)
- In this case, the Supreme Court upheld the validity of Section 107 of the CrPC, which allows for the security to keep the peace and for good behavior. The court noted that the provisions are preventive and not punitive and must be used with caution.
Romila Thapar vs. Union of India (2018)
- This case highlighted the importance of free speech and expression and the need to protect citizens’ right to dissent. It underlined that the power to require an individual to execute a bond for keeping the peace must be exercised within the bounds of the Constitution.
Dharampal vs. State of Haryana (2014)
- In this case, the Punjab and Haryana High Court discussed the power to demand a bond for good behavior and the principles governing it. The court held that such powers should be exercised sparingly and not on vague or irrelevant grounds.
R. Kalyani vs. Janak C. Mehta (2009)
- In this case, the Bombay High Court reiterated that the power to require a person to furnish security for keeping the peace and maintaining good behavior should not be used arbitrarily. It should be based on reasonable grounds and should not infringe upon the fundamental rights of the individual.
