Peace and Good behavior are two important expectations of a civilized society.

It is also the duty of state

to attempt to maintain peace and good behavior. The sec. 106 to sec. 110 of the Criminal Procedure
Code, 1973 takes a step in this direction. Provision related to peace and good behavior is following.

1. Security for keeping peace on Conviction:- Sec.106 provides for security for keeping peace on
conviction. According to it-when a court of session or court of first class magistrate convicts any person
for any of the following offences or of abetting such offence and is of the opinion that it is necessary to
take security from such person for keeping peace, then the court may order him to execute a bond, with
or without sureties’ for keeping the peace for such period not exceeding three years:-

a) Any offence which consists of assault or using criminal force ore committing mischief. B) Any
offence of criminal intimidation. c) Any other offence which caused, or was intended or known to be
likely to cause, a breach or peace. Inder Singh VsHarbans Singh-1955.

2. Security for keeping peace in Other Cases:- Sec. 107 of the code lays down the provision for demand
of security for keeping peace in certain matters. According to it: - a) A breach of peace. b) Disturb the
public tranquility. c) Any wrongful act that may probably occasion a breach of peace or disturb the
public tranquility. Then he may ordered that he shall execute a bond with or without sureties for keeping
peace for such period not exceeding one year. (Ramnarayan Singh V/s State of Bihar-1972.

3. Security for good behavior from persons disseminating Seditious Matters:-Sec 108 lays down provision
for taking security from person disseminating seditious matters.

a)Any matter the publication of which is punishable under section 124-A or Sec 153A or Sec 153B or Sec
295A or the Indian Penal Code (45 of 1860). b) Any matter concerning a judge acting or purporting to act
in the discharge of his official duties which amounts to criminal intimidation or defamation under the
Indian Penal Code (45 of 1860). Then such magistrate may demand such person to execute a bond, with
or without sureties’, for his good behavior for such period not exceeding one year. This system has been
declared constitutional in the public interest Kedarnath Singh V/s State of Bihar, 1962.

4. Security for good behaviour from Habitual Offenders:- Sec. 110 of the code lays down the provision for
demand or security for good behaviour from habitual offenders. According to it, when an executive
magistrate receives information that there is within his local jurisdiction a person who:- a)Is by habit a
robber, house-breaker, thief, or forger, b)Is by habit a receiver of stolen property knowing the same to
have been stolen.

c) Habitually protects or harbors thieves, or aids in the concealment or disposal of stolen property. d)
Habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping,
abduction, extortion, cheating or mischief. e) Habitually commits or attempts to commit, or abets the
commission of, offences, involving a breach of peace.

f) Habitually commits, or attempts to commit, or abets the commission of any offence under:-Then such
may require such person to execute a bond with sureties for his good behaviour for such period not
exceeding three years.
Procedure:-Sec.111 to Sec 124 of the Criminal Procedure Code, 1973 lays down the procedure for taking
security keeping peace and good behavior:-

1. When the magistrate receives any information under sec 107,108, 109 or sec 110 then the magistrate
shall order him explaining the following points i) with the intention to require him to show cause why he
should not execute a bond for keeping peace or good behavior Banarsi V/s Neelam-1969.

a. If such person is not present in the court, then he shall be issued a summon and if such person is in
custody than a warrant directing the officer in whose custody he is to bring him before the court shall be
issued(Sec 113). b. Every summons or warrant shall be accompanied by the copy of order (Sec 114). c. If
upon such inquiry, it is proved that it is necessary for keeping peace and maintaining good behaviour
that such the magistrate shall require such bond (Sec 117). Here it is important that the ordered bond
and amount of bond should be justifiable. It should not be so much that the related person cannot
execute a bond of such amount.(Mohammed) 1. The bond to be executed by any person shall bind him
to keep the peace or maintain good behaviour, and if such person commits later any offence or attempts
to commit or its abetment then it shall be considered the breach of bond (Sec. 120) 2. The period of
bond shall commence on the date of such order. If such person is undergoing imprisonment then such
period shall commence on expiration of such sentence.(Sec 119).

Here, it is important that:- a) A magistrate may refuse any surety on the ground that it is unfit but before
doing so an inquiry shall be conducted (Sec 121) b) If any person fails to give security then such person
shall be send to the prison (Sec 122).

4 Define the term Arrest. When a Police Officer can arrest a person without a warrant or without the
order of the Magistrate? What the rights of an arrested person?

Introduction:- Generally, a person is arrested by the order of the magistrate or by a warrant. A police
officer cannot arrest a person arbitrarily or without the order of magistrate or without warrant. But this
rule has few exceptions to it which means that under certain circumstances a person can be arrested
without the order of the magistrate or without warrant.

Arrest without warrant:- Sec. 41 of the Criminal Procedure Code 1973 provides that a police officer can
arrest a person without the orders or warrant of the magistrate in following situations:

(1) When any person has been concerned in any cognizable offence or against whom a reasonable
complaint has been made or credible information has been received or a reasonable suspicion exists. Of
his having been so concerned.

(2) When any person has in his possession without lawful excuse any implement of house-breaking.

(3) When any person in whose possession anything is found which may reasonably be suspected to
be stolen property and who may reasonably be suspected of having committed an offence with
reference to such things.
(4) When any person obstructs a police officer while in the execution of his duty, or who has
escaped, or attempts to escape from lawful custody.

(5) When any person is reasonably suspected of being a deserter from any of the armed forces of
the union.

(6) When any person being a released convict, commits a breach of any rule made under sub-
section (5) of section 356;

(7) When for any persons arrest any requisition, whether written or oral, has been received from
another police officer, provided that the requisition specifics the person to be arrested.

Thus, in this way a police officer under sec 41(1) can arrest any person without the order or warrant of a
magistrate.

Arrest of Suspected or Habitual Offenders:-Sec 41(2) provides that a police officer can also arrest any
person without the order or warrant from magistrate:-

a) Who belongs to the category of suspected offenders under sec 109 of the Code.

b) Who belongs to the category of Habitual offenders under sec 110 of the Code. Arrest on Refusal to
give Name and Residence:- Sec 42(1) of the code provide that a police officer can also arrest any person
without the order or warrant from magistrate.

D) The person who gives a name or residence which such officer has reason to believe to be false
residence of such person have been ascertained, then he shall be released on a bond with or without
sureties. Devkinandan V/s Emperor-1941.

Arrest to prevent a cognizable offence:-Another situation of a police officer arresting any person without
the order or warrant from magistrate has been provided in sec 151 of the code. A police officer knowing
of a design to commit any cognizable offence may arrest, without orders from the Magistrate and
without a warrant, the person so designing, if it appears to such officer that the commission of the
offence cannot be otherwise prevented. Thus sec 151(1) provides a police officer the powers to arrest a
person without the order from the magistrate or without a warrant, when generally a person cannot be
arrested without the order of magistrate and without warrant. (A.K GopalanV/s State-1962.

RIGHTS OF THE ARRESTED PERSON:- Sec. 41D of the code:- 1.When any person is arrested and
interrogated by Police he shall be entitled to meet an advocate of his choice during interrogation though
not throughout interrogation. 2. Arrestee has the right to nominate his relative or any friend for giving
information to him about his arrest.
 UNIT – II

5. When may a criminal complaint be filed before the Magistrate? Discuss the power of Magistrate to
decide criminal complaint.

INTRODUCTION: Sec. 200 says, that the preliminary procedure which a Magistrate shall follow on
receiving a complaint. It is obligatory to examine the complainant and the witnesses and a summary
dismissal without them is not legal. The substance of such examination shall be reduced to writing and
shall be signed by the complainant and the witnesses and also by the Magistrate. If a public servant
acting or purporting to act in the discharge of his official duties or a court has made the complaint or the
magistrate makes over the case for inquiry or trial to another Magistrate under sec.192.

1. Procedure by Magistrate not competent to take cognizance of the case: If a complaint made to a
Magistrate who is not competent to take cognizance of the offence he shall return it for presentation to
the proper court with an endorsement to that effect or where the complaint is not in writing then he will
direct the complainant to the proper court as provided in sec.201 of Cr.P.C.Case of Rajender Singh v/s
State of Bihar, 1989.

2. To Postponement of issue of Process:- Sec.202 of the code provided that where it appears to the
magistrate that the offence complained is triable exclusively by the court of Sessions or where the
complaint has not been made by a court unless the complainant and the witnesses present have been
examined on oath under sec.200. If an investigation is made by a person not being a Police officer he
shall have for that investigation all the powers conferred by this code on an officer in charge of a police
station except the power o arrest without warrant. Sec. has provided to ascertain the following: i) to
ascertain the facts constituting the offence.

ii) To prevent abuse of process resulting in wastage of time of the court and harassment to the accused.

iii) To help the magistrate to judge if there is sufficient ground for calling the investigation and for
proceeding with the case. Case: Balraj Khanna v/s Motiram-1971.

3. Dismissal of Complaint:- A Magistrate may dismiss a complaint if after considering the statement on
oath of the complainant and of the witnesses and the result of inquiry or investigation under sec.202.
But where there is sufficient ground for preceding the Magistrate cannot dismiss the complaint under
sec.203 of the code. If he finds that no offence has been committed, if he distrusts the statement or if he
distrusts the complainant may direct for further inquiry. In such cases he may refuse to issue process.
Case Sulab Chandra v/s Abdula-1926. These are the provisions under sec.203 of Cr.P.C.
4. No sufficient ground for proceeding:- When on the basis of evidence adduced no prima facie case is
reasonable made out against the accused there is no sufficient ground for proceeding. It would be just
wasting of time to proceed further in the case. The complaint could be dismissed as held in the case of
Dabendra Nath v/s State of W.B1972.

5. Recording of Reasons :- An order of dismissal of a complaint under this section is no bar to the
entertainment of a second complaint on the same facts but it will be entertained only in exceptional
circumstances which provide that the previous order was passed on an incomplete record or
misunderstanding of the nature of the complaint.

6. Dismissal of complaint in default:- If the dismissal of the complaint was not on merit but on default
or the complainant to be present. Then there is no bar in the complainant moving to the Magistrate
again with a second complaint. But if the dismissal of the complaint was on merits then the position
could be different. In such cases the contention cannot be countenanced that the complainant lacked
bona fides as he suppressed the fact of dismissal of the first complaint.