Section 106 of The Code of Criminal Procedure, 1973
- (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.
Summary
- Permits high-level courts or first-class magistrates to require a peace bond from a convicted person.
- This order is made at the time of passing a sentence for crimes like assault, mischief, or threats.
- The bond is a written promise to keep the peace and can last for up to three years.
- If a person wins an appeal and their conviction is overturned, the bond automatically becomes void.
- Higher courts can also make this order when they are hearing an appeal or reviewing a case.
Practical examples
FAQ
1. Which courts can order a bond for keeping the peace under Section 106 of the Code of Criminal Procedure, 1973?
A Court of Session, a Court of a Magistrate of the first class, an Appellate Court, or a Court exercising revision powers can make this order under Section 106 of the Code of Criminal Procedure, 1973.
2. What is the maximum time a peace bond lasts under Section 106 of the Code of Criminal Procedure, 1973?
The bond for keeping the peace can be for a period not exceeding three years under Section 106 of the Code of Criminal Procedure, 1973.
3. What happens to the bond if my conviction is cancelled under Section 106 of the Code of Criminal Procedure, 1973?
If the conviction is set aside on appeal or otherwise, the bond becomes void under Section 106 of the Code of Criminal Procedure, 1973.
4. For which crimes can a court order a peace bond under Section 106 of the Code of Criminal Procedure, 1973?
It applies to offences involving assault, criminal force, mischief, criminal intimidation, and those likely to cause a breach of the peace, among others, under Section 106 of the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 106 of the Code of Criminal Procedure, 1973, which magistrate has the power to order a peace bond?
Q2.What is the maximum period for a bond ordered under Section 106 of the Code of Criminal Procedure, 1973?
Q3.According to Section 106 of the Code of Criminal Procedure, 1973, what happens if the conviction is set aside on appeal?
Q4.Which of these offences is specifically mentioned as a reason to take security under Section 106 of the Code of Criminal Procedure, 1973?