Chapter VIII
Section 109 CrPC: Security for good behaviour from suspected persons
New Law Update (2024)
Section 127 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Balbir Singh v. State of Punjab (1993):
The Supreme Court clarified that proceedings under Section 109 CrPC are preventive and not punitive in nature. The primary objective is to prevent the commission of future cognizable offences and maintain public peace.
Rameshwar Singh v. The State of Bihar (1957):
The Supreme Court held that the ‘reason to believe’ mentioned in Section 109 CrPC must be based on definite and credible information, and not mere suspicion. The individual’s actions must clearly indicate an intention to commit an offence.
Gopi Chand v. The State of Delhi (1960):
The Supreme Court reiterated that the provisions of this section are designed for the prevention of crime and maintenance of public order, rather than for punishing past transgressions.