Code of Criminal Procedure, 1973

Security for good behaviour from suspected persons.

109. When an Executive Magistrate receives 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.

COMMENTS

JOINT COMMITTEE OF PARLIAMENT

It will be instructive to quote in full the observations of the Joint Committee of Parliament which considered the provisions:

"The clause which reproduces section 109 of the old Code has long been the subject of some controversy. There is a sizeable section of opinion which holds the view that the provision is being widely abused and innocent persons are being sent to jail as a result of the proceedings under this section, either for the purpose of showing better statistics of prevention of crime or for other more objectionable purposes. On the other hand, there is also a sizeable section of opinion which would consider the retention of this provision as indispensable for the maintenance of law and order. It is urged that but for this provision the incidence of crime would be very high and professional thieves and anti-social elements would have a field day. The object of this provision is to check and control the persons who are likely to commit offences and it cannot be denied that this cannot be done unless they are prevented from doing so by resorting to provisions of this kind. The Committee was informed that practically all the State Governments are opposed to the deletion of this provision mainly on this ground.

The Committee has given a ver .... To read the full section download the app from Google Play store