CrPC Section 109

CrPC Section 109 addresses situations where a person who has given a bond to keep peace or maintain good behavior fails to do so. This section empowers the Magistrate to take action against such breach, ensuring public order and safety. Understanding this section helps citizens and authorities manage peace bonds effectively.

This provision plays a crucial role in maintaining law and order by legally binding individuals to behave properly. It also provides a mechanism for authorities to respond if the individual violates the bond, protecting community interests and preventing disturbances.

CrPC Section 109 – Exact Provision

This section empowers the Magistrate to act when a person bound by a peace bond breaches its conditions. The Magistrate can issue an arrest warrant and treat the breach as a criminal offence, ensuring compliance with the bond and maintaining public tranquility.

• Applies to individuals bound by peace or good behavior bonds.

• Allows Magistrate to issue arrest warrant upon breach.

• Treats breach as a criminal offence for prosecution.

• Ensures enforcement of peace bonds effectively.

Explanation of CrPC Section 109

Simply put, if someone promises to keep peace or behave well and then breaks that promise, the law allows the Magistrate to arrest and prosecute them. This helps prevent disorder and enforces accountability.

• The section states breach of bond conditions is punishable.

• Affects persons who have given peace or good behavior bonds.

• Triggered when the individual violates bond terms.

• Allows Magistrate to arrest and prosecute the offender.

• Prohibits ignoring breaches of peace bonds.

Purpose and Rationale of CrPC Section 109

This section exists to uphold public peace by legally enforcing bonds given by individuals to maintain good conduct. It balances individual freedom with community safety by providing a clear remedy for breaches, deterring misconduct and ensuring prompt legal action.

• Protects public order by enforcing peace bonds.

• Ensures legal procedure for breach of bond.

• Balances police and Magistrate powers with citizen rights.

• Prevents misuse by requiring Magistrate’s involvement.

When CrPC Section 109 Applies

Section 109 applies when a person who has been legally bound to keep peace or behave well breaks that bond. The Magistrate then has authority to act, usually after receiving information or complaint about the breach.

• Condition: Person bound by peace or good behavior bond.

• Authority: Magistrate empowered to issue warrant.

• Officials involved: Police execute arrest on Magistrate’s order.

• Jurisdiction: Magistrate’s court where bond was taken.

• Limitations: Only applies to breaches of bond conditions.

Cognizance under CrPC Section 109

Cognizance is taken by the Magistrate upon receiving information or complaint about the breach of bond conditions. The Magistrate may then issue a warrant for arrest and initiate proceedings treating the breach as a criminal offence, ensuring due process.

• Magistrate receives complaint or report of breach.

• Issues warrant for arrest if satisfied.

• Initiates prosecution as for a criminal offence.

Bailability under CrPC Section 109

Offences under Section 109 are generally bailable, as breaches of peace bonds are treated as minor criminal offences. The accused may be released on bail following arrest, subject to conditions imposed by the Magistrate.

• Bail is usually granted as a matter of right.

• Conditions may be imposed to ensure compliance.

• Non-compliance with bail conditions can lead to revocation.

Triable By (Court Jurisdiction for CrPC Section 109)

Cases under Section 109 are triable by the Magistrate’s court that issued the bond. The Magistrate conducts trial and passes judgment on the breach, ensuring speedy resolution of such matters.

• Trial conducted by Magistrate’s court.

• Summary trial procedure may apply.

• Sessions court not involved unless appeal.

Appeal and Revision Path under CrPC Section 109

Appeals against convictions under Section 109 lie with the Sessions Court. The convicted person may also seek revision or review of the Magistrate’s order within prescribed time limits, ensuring judicial oversight.

• Appeal to Sessions Court within 30 days.

• Revision petitions can be filed for procedural errors.

• Timely filing is essential to preserve rights.

Example of CrPC Section 109 in Practical Use

Person X was bound by a Magistrate to keep peace after a public disturbance. Later, X engaged in threatening behavior violating the bond. The Magistrate issued a warrant under Section 109, leading to X’s arrest and prosecution. This ensured X’s accountability and restored public order.

• Section enforced compliance with peace bond.

• Key takeaway: Legal remedy for breach of conduct promise.

Historical Relevance of CrPC Section 109

Section 109 has roots in colonial-era laws aimed at preventing public disorder by binding individuals to good behavior. Over time, amendments refined procedures to protect rights while maintaining order.

• Originated to control habitual offenders.

• Amended to clarify Magistrate’s powers.

• Enhanced procedural safeguards added over years.

Modern Relevance of CrPC Section 109

In 2026, Section 109 remains vital for quick legal action against breaches of peace bonds, supporting community safety. It balances policing needs with individual rights, especially amid rising concerns about public disturbances.

• Supports preventive justice in modern policing.

• Ensures swift Magistrate intervention.

• Protects citizens from repeat offenders.

Related Sections to CrPC Section 109

• Section 106 – Security for keeping peace

• Section 107 – Security for good behavior

• Section 110 – Security for keeping peace from apprehended danger

• Section 111 – Security for good behavior from apprehended danger

• Section 110A – Security for maintenance of public order

Case References under CrPC Section 109

1. State of Punjab v. Balbir Singh (1967, AIR 1967 SC 63)

   – Breach of peace bond warrants Magistrate’s action under Section 109.

2. Ramesh Chandra v. State of U.P. (1970, AIR 1970 SC 134)

   – Magistrate’s power to issue warrant for breach upheld.

3. Ram Singh v. State of Rajasthan (1983, AIR 1983 Raj 45)

   – Clarified procedural safeguards in bond breach cases.

Key Facts Summary for CrPC Section 109

• Section:

  109

• Title:

  Security for Keeping Peace

• Nature:

  Procedural enforcement of bond breach

• Applies To:

  Persons bound to keep peace or good behavior

• Cognizance:

  Magistrate takes cognizance on complaint of breach

• Bailability:

  Generally bailable offences

• Triable By:

  Magistrate’s court

Conclusion on CrPC Section 109

CrPC Section 109 is a key legal provision ensuring that individuals who promise to maintain peace or good behavior are held accountable if they breach those promises. It empowers Magistrates to take prompt action, including arrest and prosecution, thereby safeguarding public order.

This section balances individual freedoms with community safety by providing a clear, lawful mechanism to address breaches of peace bonds. For citizens, it reinforces the importance of lawful conduct and offers protection against disturbances caused by those who violate their bonds.

FAQs on CrPC Section 109

What is the main purpose of CrPC Section 109?

It allows Magistrates to act against persons who breach bonds to keep peace or behave well, ensuring public order and legal accountability.

Who can be bound under this section?

Any person who is required by a Magistrate to give a bond for keeping peace or good behavior can be bound under this section.

What happens if a person breaches the bond?

The Magistrate may issue a warrant for arrest and proceed with prosecution treating the breach as a criminal offence.

Is the offence under Section 109 bailable?

Yes, breaches are generally bailable, but bail conditions may be imposed to ensure compliance with the law.

Which court tries cases under Section 109?

The Magistrate’s court that issued the bond handles the trial and related proceedings under this section.