CrPC Section 112
Section 112 of the Criminal Procedure Code (CrPC), 1973 – Security for Keeping the Peace and for Good Behavior
Overview:
Section 112 of the CrPC empowers a Magistrate to require a person to give security for keeping the peace or for good behavior if there is reason to believe that the person is likely to commit a breach of the peace or disturb public tranquility. This preventive measure helps maintain law and order.
Text of Section 112 (Simplified):
If a Magistrate has reason to believe that any person is likely to commit a breach of the peace or disturb public tranquility, the Magistrate may order that person to enter into a bond:
To keep the peace, and
To be of good behavior,
For a period that the Magistrate considers necessary (usually up to one year).
The person may be required to provide sureties as well.
Detailed Explanation:
Purpose of Section 112:
To prevent the commission of offences before they happen.
To maintain public peace and order by ensuring potentially dangerous persons behave properly.
Who Can Be Ordered to Give Security?
Any person whom the Magistrate reasonably believes is likely to:
Commit a breach of peace,
Cause disturbance to public tranquility.
Breach of Peace and Disturbance:
Includes acts such as violence, riots, unlawful assembly, or any conduct threatening community safety.
Procedure:
The Magistrate issues a notice to the person requiring security.
The person must either:
Give the bond themselves, or
Provide sureties who guarantee their good behavior.
Failure to comply may result in further legal action.
Duration and Conditions:
The security is generally required for up to one year, but the Magistrate can specify a shorter period.
The bond acts as a preventive tool, not a punishment.
Consequences of Breach:
If the person breaches the bond (fails to keep peace or behave well), the sureties become liable.
The person can also be prosecuted for the original act causing the breach.
Practical Implications:
Useful in situations where a person has a history of violent behavior or public nuisance.
Often applied in cases of community tension, threats, or repeated disturbances.
Helps law enforcement maintain peace without waiting for a crime to occur.
Summary:
Section 112 of the CrPC allows a Magistrate to require a person to enter into a bond for keeping the peace and maintaining good behavior if there is reason to believe they may cause disturbance. This preventive measure helps uphold public order and avoid potential conflicts.
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