CrPC Section 110
Section 110 - Procedure when Court has reason to believe that a person is trying to cause a breach of peace or disturbance of public tranquility
Text of Section 110:
"When it appears to a Magistrate that there is reason to believe that any person is trying to cause a breach of the peace or disturbance of public tranquility, the Magistrate may, by an order in writing, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace and maintaining good behavior for a specified period."
Detailed Explanation:
Purpose of Section 110:
This section deals with preventive action by a Magistrate to maintain public peace and order.
It is a preventive measure used before any breach of peace actually happens.
The idea is to restrain a person who is suspected of attempting to disturb public tranquility or cause a breach of peace.
When can it be invoked?
If the Magistrate has reasonable grounds to believe that a person might cause a breach of peace or disturb public tranquility.
This belief can arise from complaints, reports, or any other information before the Magistrate.
It does not require proof of actual disturbance — just a reason to believe.
What can the Magistrate do?
The Magistrate issues a written order requiring the person to show cause why they should not be required to execute a bond.
The bond is an undertaking by the person to:
Keep the peace, and
Maintain good behavior for a specified period (which the Magistrate will determine).
What is the bond?
A bond is a legal agreement to behave properly.
The person may be required to provide sureties (guarantors) who promise that the person will keep the peace.
If the person fails to keep the peace or maintain good behavior during the bond period, they can be punished for breach of bond.
Procedure:
The person is called upon to show cause (explain or justify) why they should not be ordered to execute the bond.
After hearing the person, if the Magistrate is satisfied, he/she can order the execution of the bond.
The bond period and conditions are decided by the Magistrate.
Why is this section important?
It helps in preventing crimes or disturbances before they happen.
It protects public peace and tranquility by legal means.
It acts as a deterrent against people who threaten public order.
Nature of the order:
The order to execute the bond is preventive and not punitive.
If the bond is broken, criminal proceedings can be initiated for breach of bond, but Section 110 itself is about the preventive step.
Summary:
Section 110 CrPC allows a Magistrate to take preventive action if they believe a person may cause a breach of peace or disturb public tranquility.
The Magistrate can require the person to execute a bond promising to keep the peace.
The person is given a chance to show cause why the bond should not be required.
The bond includes an undertaking to maintain good behavior for a set period.
It is a legal tool to maintain public order and prevent disturbances.
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