CrPC Section 106 — Security for keeping the peace on conviction

Summary

Sub-section (1) allows a Court of Session or a Magistrate’s Court of the first class, when convicting someone of an offence listed in sub-section (2), or of abetting one of those offences, to order that person to give a bond to keep the peace. The Court must consider taking this security necessary. It may make the order when passing sentence, require sureties or not, and set the bond period for up to three years.

Sub-section (2) lists the offences covered: (a) offences punishable under Chapter VIII of the Indian Penal Code, except offences punishable under sections 153A, 153B or 154; (b) offences consisting of or including assault, use of criminal force, or mischief; (c) criminal intimidation; and (d) any other offence that caused, or was intended or known to be likely to cause, a breach of the peace.

Sub-section (3) says that if the conviction is set aside on appeal or otherwise, the bond becomes void.

Sub-section (4) allows an Appellate Court or a Court exercising revision powers to make an order under this section.

Official Text

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Sections referred to

• CrPC §154 — Information in cognizable cases
• IPC §153A — Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Referred to by

• CrPC §119 — Commencement of period for which security is required
• CrPC §122 — Imprisonment in default of security
• CrPC §124 — Security for unexpired period of bond
• CrPC §325 — Procedure when Magistrate cannot pass sentence sufficiently severe
• CrPC §446 — Procedure when bond has been forfeited

Related Judgments

• ISTKAR vs THE STATE OF UTTAR PRADESH & ANR — Supreme Court of India (2022)
• GULAM ABBAS & ORS. vs STATE OF U.P. & ORS — Supreme Court of India (1981)
• MADHU LIMAYE vs SUB-DIVISIONAL MAGISTRATE, MONGHYR & ORS — Supreme Court of India (1970)
• DIRECTORATE OF ENFORCEMENT vs DEEPAK MAHAJAN AND ANR — Supreme Court of India (1994)

Old <-> New Code Mapping

• BNSS §125 — Security for keeping peace on conviction