CrPC Section 181
Section 181 of the Criminal Procedure Code (CrPC), 1973
Security for Keeping the Peace from a Person About to Commit a Breach of Peace
Bare Text of Section 181:
"If any person is reasonably suspected of being about to commit a cognizable offence or a breach of the peace or disturbance of the public tranquility, any Magistrate of the first class or any Executive Magistrate may require such person to execute a bond, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit, and if such person refuses to execute such bond or commits a breach thereof, he may be committed to custody for a term not exceeding six months, or until the bond is executed, whichever is earlier."
Detailed Explanation:
1. Purpose and Context:
Section 181 empowers a Magistrate to require a person who is reasonably suspected of being about to commit a cognizable offence, breach of the peace, or disturbance of public tranquility to give security (bond) for keeping peace.
This is a preventive measure designed to maintain public order by legally binding potential offenders to good behavior.
2. Key Provisions:
| Element | Explanation |
|---|---|
| Reasonable Suspicion | The Magistrate must have reasonable grounds to suspect the person. |
| Type of Offences Covered | Cognizable offences, breach of peace, or disturbance of public tranquility. |
| Magistrate's Authority | First-class Magistrate or Executive Magistrate can take this action. |
| Security (Bond) Requirement | Person may be required to execute a bond, with or without sureties, to keep peace. |
| Period for Bond | The Magistrate determines the duration for which peace must be kept. |
| Consequences of Refusal or Breach | Refusal to execute bond or breach of bond terms can lead to custody for up to six months or until bond execution. |
3. Purpose and Importance:
To prevent anticipated crimes or disturbances before they happen.
Acts as a legal deterrent by holding individuals accountable through sureties or bonds.
Helps the Magistrate maintain public tranquility without waiting for the commission of a crime.
4. Practical Example:
Suppose a person is known for causing communal disturbances and there is reasonable suspicion that they may incite violence again. The Magistrate may require this person to furnish a bond to keep peace for a certain period.
If the person refuses or violates the bond terms, the Magistrate can order their detention.
Summary Table:
| Aspect | Details |
|---|---|
| Who Can Issue Order | First-class or Executive Magistrate |
| Grounds | Reasonable suspicion of imminent cognizable offence or breach of peace |
| Requirement | Execute bond (with or without sureties) to keep peace |
| Duration | As decided by Magistrate |
| Penalty for Non-Compliance | Detention up to 6 months or until bond execution |
| Objective | Prevent crime or disturbance before occurrence |
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