Explain in detail about provisions of Criminal Procedure Code on security for keeping peace and good behaviour.
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| Explain in detail about provisions of Criminal Procedure Code on security for keeping peace and good behaviour. |
Que: Explain in detail about provisions of Criminal Procedure Code on security for keeping peace and good behaviour.
Ans:
Introduction
The Criminal Procedure Code (CrPC) of India is a comprehensive legal framework that governs the procedural aspects of criminal law in the country. One of the key provisions within the CrPC relates to the maintenance of peace and good behavior, often referred to as "security for keeping peace and good behavior." This provision empowers the state to take preventive measures to ensure public tranquility and safety. In this article, we will delve into the various aspects of this provision, covering its civil, criminal, and constitutional dimensions, and explore its significance in maintaining law and order.
Historical Context
The concept of security for keeping peace and good behaviour has its roots in British colonial law. It was initially introduced to maintain social order and prevent potential disturbances in the society. Over time, this provision has evolved to align with democratic principles, emphasizing individual rights and freedoms while balancing the state's duty to maintain peace.
Civil Dimension
1. Section 107 - Security for Keeping the Peace
Section 107 of the CrPC provides for the issuance of a bond for keeping the peace. Under this provision, a magistrate may require any person to execute a bond if there are reasonable grounds to believe that the person is likely to commit a breach of the peace. The bond may include conditions such as the person's good behavior and periodic reporting to the police. Failure to comply with the bond's terms can result in imprisonment.
2. Section 108 - Security for Good Behaviour
Section 108 of the CrPC deals with security for good behaviour. It empowers a magistrate to require an individual to execute a bond for good behaviour if there are reasonable apprehensions that the person may commit an offense that breaches public tranquillity. Similar to Section 107, this provision aims to prevent potential disturbances by ensuring the individual's compliance with specified conditions.
Criminal Dimension
1. Section 109 - Security for the Future Good Behaviour of Bind Over
Section 109 of the CrPC authorizes a magistrate to bind over any person for their future good behaviour. This section is often invoked when someone has been convicted of an offense and there is a likelihood that they may commit further offenses. The magistrate may require the person to execute a bond, with or without sureties, to ensure their future good conduct.
2. Section 110 - Security for Good Behaviour from Habitual Offenders
Section 110 is a crucial provision aimed at dealing with habitual offenders. It empowers the state to take preventive action against individuals who have been convicted as habitual offenders. Such individuals may be required to execute a bond for good behaviour for a specified period, failing which they may face imprisonment.
Constitutional Dimension
The provisions related to security for keeping peace and good behaviour in the CrPC are not only integral to maintaining law and order but also have constitutional implications. They must be in line with the principles enshrined in the Constitution of India. Here are some key constitutional aspects:
1. Article 21 - Right to Personal Liberty
Article 21 of the Indian Constitution guarantees the right to personal liberty. While the state has the authority to impose restrictions on individual liberty in the interest of public order, such restrictions must be reasonable and not arbitrary. The CrPC provisions on security for keeping peace and good behaviour must be applied judiciously to avoid infringing on an individual's fundamental rights.
2. Article 22 - Safeguards Against Detention
Article 22 of the Constitution provides safeguards against arbitrary detention. It mandates that a person arrested under preventive detention laws must be informed of the grounds for detention and given the opportunity to make a representation. The CrPC provisions should align with these constitutional safeguards to ensure due process and fairness.
3. Article 19 (1) (a) - Freedom of Speech and Expression
Article 19 of the Constitution guarantees freedom of speech and expression. The provisions related to security for keeping peace and good behavior should not be misused to curb legitimate exercise of this fundamental right. It is essential for authorities to strike a balance between public safety and individual freedoms.
Significance and Unique Features
The provisions of the CrPC concerning security for keeping peace and good behaviour play a vital role in maintaining law and order in India. Here are some unique features and significance of these provisions:
1. Preventive Nature
These provisions are preventive in nature, focusing on averting potential disturbances and criminal activities before they occur. This approach is crucial in ensuring public safety and reducing the burden on the criminal justice system.
2. Discretion of Magistrates
The CrPC grants magistrates discretionary powers to determine whether an individual should be required to execute a bond for peace or good behaviour. This discretion is exercised based on reasonable grounds and ensures that the provisions are applied judiciously.
3. Periodic Reporting
In many cases, individuals required to execute bonds for peace or good behaviour are also mandated to make periodic reports to the police. This enables authorities to closely monitor their conduct and take prompt action in case of any violations.
4. Safeguards and Judicial Oversight
To prevent misuse of these provisions, there are built-in safeguards such as the requirement to provide reasons for issuing bonds and the right to appeal against such orders. This ensures that the rights of individuals are protected.
5. Focus on Habitual Offenders
The CrPC includes specific provisions to deal with habitual offenders, recognizing the need for more stringent measures in such cases. This targeted approach aims to deter repeat offenders from engaging in criminal activities.
Conclusion
The provisions of the Criminal Procedure Code related to security for keeping peace and good behaviour are essential tools in maintaining public order and safety. While they grant authorities the power to take preventive action, it is crucial to strike a balance between individual rights and the state's duty to maintain peace. These provisions must be applied judiciously, adhering to constitutional principles, to ensure a just and orderly society. They serve as a testament to India's commitment to upholding the rule of law and protecting the rights and freedoms of its citizens.
References:
- The Criminal Procedure Code, 1973. (Available at: https://indiankanoon.org/doc/65428/)
- The Constitution of India. (Available at: https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf)
- Pillai, K. N. Chandrasekharan. (2016). Commentary on the Code of Criminal Procedure (5th ed.). Universal Law Publishing.
- Ratanlal & Dhirajlal. (2017). The Code of Criminal Procedure (20th ed.). LexisNexis India.
- Basu, Durga Das. (2008). Introduction to the Constitution of India (20th ed.). LexisNexis India.
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