Chapter VIII
Section 106 CrPC: Security for keeping the peace on conviction
New Law Update (2024)
Section 130 BNSS
TRIAL COURT
Court of Session, Magistrate of the first class
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act 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—
(i) 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;
(ii) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(iii) any offence of criminal intimidation;
(iv) 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.
Important Sub-Sections Explained
Section 106(1)
This sub-section empowers a Court of Session or a Magistrate of the first class, upon convicting a person for certain offences, to order them to execute a bond for keeping the peace for up to three years, if the court deems it necessary. This order is made at the time of passing sentence.
Section 106(2)
This sub-section specifies the types of offences for which security can be ordered under Section 106(1). These include offences under Chapter VIII of the IPC (excluding sections 153A, 153B, 154), offences involving assault, criminal force, mischief, criminal intimidation, or any other offence likely to cause a breach of the peace.
Landmark Judgements
Kamla Prasad v. State of U.P., 1982 Cri.L.J. 1776 (All):
This case clarified that the court, when acting under Section 106 CrPC, must form a definite opinion that it is necessary to take security from the convicted person for keeping the peace. The imposition of a bond is not an automatic consequence of conviction but requires a judicial assessment of necessity.
K.V.R. Aiyer v. State, AIR 1964 Ker 104:
This judgment discussed the interpretation of ‘breach of peace’ within the context of security proceedings. It held that the court must satisfy itself that the offence of which the accused is convicted involves a breach of the peace, or was intended or likely to cause it, before ordering security under this section.