SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOURCentral

Section 118 of The Code of Criminal Procedure, 1973

If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

Summary

If a legal inquiry does not prove that security is necessary for peace or good behaviour, the Magistrate must officially record that fact.
A person who was being held in custody only for the purpose of the inquiry must be released immediately if the case is not proved.
If the person being investigated is not in jail, the Magistrate will simply discharge them from the case.
This section serves to protect individuals from unnecessary legal restrictions when evidence of a threat is lacking.

Practical examples

1Geeta was accused by her neighbors of being a threat to public peace. After an inquiry under Section 116, the Magistrate found no evidence of her being dangerous and used Section 118 to discharge her completely.

2Suresh was kept in custody while the court looked into his behavior. When the inquiry failed to show he was likely to commit a crime, the Magistrate recorded the finding and ordered his immediate release under Section 118.

FAQ

1. What happens if an inquiry fails to show a need for security under Section 118 of the Code of Criminal Procedure, 1973?

Under Section 118 of the Code of Criminal Procedure, 1973, the Magistrate makes a record of the finding and either releases the person from custody or discharges them.

2. Does a person stay in jail if the inquiry under Section 118 of the 1973 Code finds they are not a threat?

No, if they are in custody solely for the inquiry, Section 118 of the Code of Criminal Procedure, 1973, requires the Magistrate to release them immediately.

3. Is a formal entry required when a case is dismissed under Section 118 of the Code of Criminal Procedure, 1973?

Yes, Section 118 of the Code of Criminal Procedure, 1973, mandates that the Magistrate shall make an entry on the record stating that security is not proved to be necessary.

Test yourself

Q1.Under Section 118 of the Code of Criminal Procedure, 1973, what is the result if the inquiry under Section 116 fails to prove a need for a bond?

Q2.According to Section 118 of the 1973 Criminal Procedure Code, what must happen to a person held in jail just for the inquiry if proof fails?

Q3.Under Section 118 of the Code of Criminal Procedure, 1973, what must the Magistrate do on the record if the case is not proved?

Q4.Which previous section is specifically mentioned in Section 118 of the Code of Criminal Procedure, 1973, as the basis for the inquiry?

117PreviousSection 117 Order to give security.119NextSection 119 Commencement of period for which security is required.

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