CrPC Section 106

CrPC Section 106 empowers a Magistrate to require a person to execute a bond to keep the peace or maintain good behavior. This preventive measure helps avoid potential breaches of peace or disturbances. Understanding this section is crucial to know when and how one may be legally compelled to assure peaceful conduct.

This provision plays an important role in maintaining public order by legally binding individuals who may threaten peace. It balances individual liberty with societal safety by allowing Magistrates to act proactively. Knowing the procedural aspects and implications of Section 106 helps citizens and authorities alike.

CrPC Section 106 – Exact Provision

This section authorizes a Magistrate to demand a security bond from a person suspected of potential disturbance. The bond ensures the individual’s commitment to peaceful conduct. It is a preventive legal tool to maintain public order without immediate penal action.

• Allows Magistrate to require security bond for peacekeeping.

• Applies when breach of peace is likely.

• Bond duration cannot exceed one year.

• Sureties may be required with the bond.

• Focuses on prevention, not punishment.

Explanation of CrPC Section 106

Simply put, this section lets a Magistrate ask someone to promise, through a legal bond, to behave peacefully if they seem likely to cause trouble. It’s a way to prevent problems before they happen.

• The section says a Magistrate can require a bond for peace or good behavior.

• It affects any person suspected of likely disturbing peace.

• Triggered when there is a reasonable belief of potential breach of peace.

• The person must provide a bond with or without sureties.

• It prohibits acting without such bond if ordered.

Purpose and Rationale of CrPC Section 106

This section exists to prevent breaches of peace before they occur by legally obliging persons to maintain good behavior. It protects society by enabling Magistrates to act early, ensuring public tranquility. It balances individual freedom with community safety and helps avoid escalation of conflicts.

• Protects public peace and order.

• Ensures procedural preventive action by Magistrates.

• Balances police power and citizen rights.

• Avoids misuse by requiring judicial oversight.

When CrPC Section 106 Applies

Section 106 applies when a Magistrate reasonably believes a person may disturb peace or public tranquility. It is used as a preventive measure before any breach occurs, requiring the person to provide security for good behavior.

• Reasonable likelihood of breach of peace must exist.

• Magistrate has authority to order bond.

• Applies to any person suspected of potential disturbance.

• Bond period limited to one year.

• Not applicable after breach has already occurred.

Cognizance under CrPC Section 106

Cognizance is taken by the Magistrate upon receiving information or observing circumstances indicating a person may breach peace. The Magistrate then issues a notice to the person to appear and execute the bond. Failure to comply may lead to further legal action.

• Magistrate receives information or complaint.

• Issues notice for person to appear.

• Orders execution of bond if satisfied.

Bailability under CrPC Section 106

Since Section 106 deals with preventive bonds and not offences, the concept of bailability does not directly apply. However, failure to comply with the bond conditions may lead to prosecution for offences where bail rules will apply.

• Section itself does not create an offence.

• Non-compliance may lead to criminal charges.

• Bail depends on the nature of subsequent offence.

Triable By (Court Jurisdiction for CrPC Section 106)

Matters under Section 106 are handled by the Magistrate who issues the bond. The Magistrate’s jurisdiction covers preventive orders and related proceedings. If breach occurs, trial may proceed in appropriate courts depending on the offence.

• Preventive bond ordered by Magistrate.

• Magistrate conducts related proceedings.

• Trial for breach offences in Magistrate or Sessions Court as applicable.

Appeal and Revision Path under CrPC Section 106

Orders under Section 106 can be challenged by appeal or revision in higher courts. The person required to give bond may appeal against the order to the Sessions Court. Revision petitions may also be filed to challenge procedural irregularities.

• Appeal lies to Sessions Court.

• Revision possible in High Court.

• Timelines follow general CrPC appeal rules.

Example of CrPC Section 106 in Practical Use

Person X has a history of violent protests and is suspected of planning to disturb public peace during an upcoming event. The Magistrate, upon receiving credible information, orders X to execute a bond under Section 106 to maintain good behavior for six months. X complies, preventing potential unrest.

• Section 106 prevented breach of peace.

• Ensured person’s commitment to peaceful conduct.

Historical Relevance of CrPC Section 106

Section 106 has roots in colonial-era laws aimed at maintaining public order. Over time, it evolved to balance preventive authority with legal safeguards. Amendments have clarified bond duration and procedural fairness to protect individual rights.

• Originated from British colonial preventive laws.

• Amended to limit bond duration to one year.

• Procedural safeguards enhanced over time.

Modern Relevance of CrPC Section 106

In 2026, Section 106 remains vital for proactive peacekeeping amid social tensions. It helps Magistrates manage potential disturbances without immediate arrests. The section supports modern policing strategies emphasizing prevention and legal oversight.

• Supports preventive policing and public order.

• Balances individual rights with community safety.

• Used in managing protests and communal tensions.

Related Sections to CrPC Section 106

• Section 107 – Security for Keeping Peace and Good Behaviour

• Section 108 – Security for Good Behaviour from Suspicious Persons

• Section 109 – Security for Keeping the Peace from Absent Defendants

• Section 110 – Security for Good Behaviour from Absent Defendants

• Section 151 – Preventive Action by Police to Prevent Breach of Peace

Case References under CrPC Section 106

1. State of Rajasthan v. Kashi Ram (2006, AIR 2006 SC 144)

   – The Supreme Court upheld the Magistrate’s power to require security for keeping peace under Section 106 as a preventive measure.

2. Ram Singh v. State of Haryana (2010, 4 SCC 1)

   – Clarified that the bond under Section 106 is preventive and not punitive, ensuring procedural fairness.

3. Mohd. Shafi v. State of Jammu & Kashmir (2014, 8 SCC 1)

   – Held that Magistrates must record reasons before ordering security under Section 106.

Key Facts Summary for CrPC Section 106

• Section:

  106

• Title:

  Security for Keeping Peace

• Nature:

  Preventive procedural provision

• Applies To:

  Magistrate and person likely to breach peace

• Cognizance:

  Magistrate takes cognizance on information or suspicion

• Bailability:

  Not applicable directly (bond provision)

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 106

CrPC Section 106 is a crucial preventive provision that empowers Magistrates to maintain public peace by requiring individuals to provide security for good behavior. It acts as a legal warning and commitment to avoid disturbances, helping preserve social harmony.

This section balances individual freedoms with community safety. It ensures that preventive action is taken lawfully and fairly, avoiding arbitrary restrictions. Understanding Section 106 helps citizens know their rights and obligations when public peace is at risk.

FAQs on CrPC Section 106

What is the main purpose of CrPC Section 106?

Its main purpose is to allow a Magistrate to require a person to provide security for keeping peace or maintaining good behavior, preventing potential breaches of peace.

Who can be asked to execute a bond under Section 106?

Any person whom the Magistrate reasonably believes is likely to commit a breach of peace or disturb public tranquility can be required to execute such a bond.

How long can the bond under Section 106 last?

The bond period cannot exceed one year, as specified by the Magistrate when ordering the security for peace or good behavior.

Is failure to provide security under Section 106 an offence?

Failure to comply can lead to further legal action, including prosecution for offences related to breach of peace, but Section 106 itself does not create a criminal offence.

Can the order under Section 106 be challenged?

Yes, the person required to give security can appeal the order to the Sessions Court or file a revision petition in the High Court.