CrPC 111: Section 111 of the Criminal Procedure Code

December 16, 2014

Order to be made

When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

CrPC 110: Section 110 of the Criminal Procedure Code

December 16, 2014

Security for good behaviour from habitual offenders

When an Executive Magistrate receives information that there is within his local jurisdiction a person who-

  1. is by habit a robber, house-breaker, thief, or forger, or
  2. is by habit a receiver of stolen property knowing the same to have been stolen, or
  3. habitually protects or harbours thieves, or aids in the concealment of disposal of stolen property, or
  4. habitually commits, or attempts to commit, or abets the Commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489 A, section 489B, section 489 C or section 489 D of that Code, or
  5. habitually commits, or attempts to commit, or abets the Commission of, offences, involving a breach of the peace, or
  6. habitually commits, or attempts to commit, or abets the commission of-
    1. any offence under one or more of the following Acts, namely:-
      1. the Drugs and Cosmetics Act, 1940 (23 of 1940);
      2. the Foreign Exchange Regulation Act, 1973 (46 of 1973);
      3. the Employees’ Provident Funds and Family Pension Fund Act, 1952 (19 of 1952);
      4. the Prevention of Food Adulteration Act, 1954 (37 of 1954);
      5. the Essential Commodities Act, 1955 (10 of 1955);
      6. the Untouchability (Offences) Act, 1955 (22 of 1955);
      7. the Customs Act, 1962 (52 of 1962);
      8. the Foreigners Act, 1946; or
    2. any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or
  7. is so desperate and dangerous as to render his being at large without security hazardous to the community,
    such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

CrPC 109: Section 109 of the Criminal Procedure Code

December 16, 2014

Security for good behaviour from suspected persons

When an Executive Magistrate receive information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

CrPC 108: Section 108 of the Criminal Procedure Code

December 16, 2014

Security for good behaviour from persons disseminating seditious matters

  1. When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction.-
    1. either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of.-
      1. any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or
      2. any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code.
    2. makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts in circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
  2. No proceeding shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

CrPC 107: Section 107 of the Criminal Procedure Code

December 16, 2014

Security for keeping the peace in other cases

  1. When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
  2. Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.

CrPC 106: Section 106 of the Criminal Procedure Code

December 16, 2014

Security for keeping the peace on conviction

  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-
    1. 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;
    2. any offence which consists of, or includes, assault or using criminal force or committing mischief;
    3. any offence of criminal intimidation;
    4. 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.

CrPC 105L: Section 105L of the Criminal Procedure Code

December 16, 2014

Application of this Chapter

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

CrPC 105K: Section 105K of the Criminal Procedure Code

December 16, 2014

Procedure in respect of letter of request

Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

CrPC 105J: Section 105J of the Criminal Procedure Code

December 16, 2014

Certain transfers to be null and void

Where after the making of an order under Sub-Section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 160H, then the transfer of such property shall be deemed to be null and void.

CrPC 105I: Section 105I of the Criminal Procedure Code

December 16, 2014

Fine in lieu of forfeiture

  1. Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
  2. Before making an order imposing a fine under Sub-Section (1), the person affected shall be given a reasonable opportunity of being heard.
  3. Where the person affected pays the fine due under Sub-Section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105H and thereupon such property shall stand released
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