Crpc Section 107 - Security For Keeping The Peace In Other

1. When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
2. Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local Jurisdiction or there is within such Jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such Jurisdiction.

Simplified Explanation Of CrPC Section 107 - Security For Keeping The Peace In Other

If a Magistrate suspects that someone might cause trouble, disturb the peace, or do something wrong that could lead to trouble, they can take action. The Magistrate can ask the person to explain why they shouldn't be required to promise, in writing, to behave. This promise, known as a bond, would last for up to one year. Additionally, the Magistrate may ask the person to provide a guarantee, called a surety, from someone who promises that the person will behave. The Magistrate has the authority to do this if the person is within their jurisdiction.

Practical Examples Illustrating CrPC Section 107

Illustration 1:

A (a person) is likely to disturb an upcoming festival. B (the Magistrate), who is aware of this, summons A and asks them to provide a bond with a surety to ensure good behavior. If A refuses, they must give an explanation to B. If B is not satisfied with A’s explanation, B can order A to provide the bond along with a surety.

Illustration 2:

X (a person) lives in City B but is planning to cause trouble in City A. In this case, the Executive Magistrate of City A can take action against X to prevent any disturbance in their jurisdiction.

Penalties and Punishments Under CrPC Section 107

Section 107 of the Criminal Procedure Code does not directly prescribe any punishment or penalties for failing to comply with its provisions. However, if a person disobeys a lawful order from a Government official (such as a Magistrate), they may face penalties under Section 188 of the Indian Penal Code, 1860. According to Section 188 of the IPC, if someone disobeys an order from a Government official, they may be punished with imprisonment for up to one month or fined 200 rupees.

Notable Case Laws Related To CrPC Section 107

State of Maharashtra V. Suryakant Shinde (2001)

In this case, a Magistrate initiated proceedings under Section 107 of the CrPC against a politician named Surykant Shinde, alleging that he had made provocative speeches and threatened to disturb the peace during a festival. The Magistrate ordered Shinde to execute a bond of ₹10,000 with two sureties of ₹5,000 each.

The Supreme Court, in this case, held that the power under Section 107 can only be exercised when there is a reasonable apprehension of a breach of peace.

Rajinder Singh V. State of Punjab (1965)

A Magistrate initiated proceedings under Section 107 of the CrPC against Rajinder, a resident of Punjab, alleging that he was likely to commit a breach of peace. The Magistrate ordered Rajinder to execute a bond of ₹500 with two sureties of ₹250 each to maintain peace for a year. However, the order was served through a newspaper rather than personally.

Rajinder appealed to the Punjab High Court. In this case, the Punjab High Court held that an order under Section 107 must be personally served on the individual concerned, not through newspaper publication, and thus quashed the order.

Summary

Section 107 of the Criminal Procedure Code provides that if a Magistrate suspects someone may cause trouble, disturb the peace, or engage in activities that could lead to unrest, they can take preventive action. The Magistrate may ask the person to explain why they should not be required to provide a written promise to maintain good behavior. This promise, known as a bond, can last for up to one year. Additionally, the Magistrate may require the person to provide a surety—a guarantee from someone else who promises that the person will behave. The Magistrate has the authority to enforce this if the individual is within their jurisdiction.

Key Insights & Quick Facts

• Order Must Be Served Personally: In Rajinder v. Punjab, the Court ruled that under Section 107 of the CrPC, an order for a bond must be served personally to the individual. It cannot be served via newspaper, highlighting the requirement for direct service.
• Preventive Action: Section 107 empowers a Magistrate to take preventive action if there is a reasonable apprehension that a person may disturb public peace, commit a wrongful act, or cause a breach of peace.
• Personal Bond: The Magistrate can require the individual to sign a bond, committing them to maintain peace and good behavior for up to one year.
• Surety Requirement: The Magistrate may also demand a surety, where another person guarantees the individual's good conduct.
• Inquiry Process: Before taking action, the Magistrate conducts an inquiry to determine if the individual is likely to disturb the peace or commit a wrongful act.
• Geographical Jurisdiction: The Magistrate can exercise authority only if the person falls within their jurisdiction.
• Preventive in Nature: Section 107 is designed to prevent potential harm or disturbance to public order, rather than to punish.
• Non-Cognizable in Nature: As it deals with serious matters of public order, this cannot be settled outside of court and is aimed at maintaining peace.

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