Security for Good Behaviour from Habitual Offenders under Section 110 of the Code of Criminal Procedure

An Executive Magistrate can require a person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour, for such period as the Magistrate thinks fit, not however, exceeding a period of three years, if the Magistrate receives information that there is, within his local jurisdiction, a person who —

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(a) Is by habit, a robber, a house-breaker, thief, or forger; or

(b) Is, by habit, a receiver of stolen property, knowing the same to have been stolen; or

(c) Habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) Habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code, 1860, or under S. 489A, S. 489B, S. 489C or S. 489D of that Code; or

(e) Habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace; or

(f) Habitually commits, or attempts to commit or abets, the commission of—

(i) Any offence under any of the following Acts, namely—

(a) The Drug and Cosmetics Act, 1940;

(b) The Foreign Exchange Regulation Act, 1973 (which is no more in force);

(c) The Employee’s Provident Funds Act, 1952, and the Family Pension Fund Act, 1952;

(d) The Prevention of Food Adulteration Act, 1954;

(e) The Essential Commodities Act, 1955;

(f) The Untouchability (Offences) Act, 1955;

(g) The Customs Act, 1962;

(h) The Foreigners Act, 1946, or

(ii) Any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or

(g) Is so desperate and dangerous as to render his being at large without security hazardous to the community.

The object of this provision is to afford protection to the public against a repetition of crimes in which the safety of property is endangered, as well as the security of persons is jeopardized. S. 110 is intended to deal with persons who cannot readily be brought under the ordinary law, and who for certain reasons, cannot be convicted under the Indian Penal Code in respect of the offences said to have been committed by them.

Thus, it will be seen that this section is intended to deal with ex­convicts, habitual criminals and dangerous and desperate outlaws, who are so hardened and incorrigible that the ordinary provisions of the penal law and the moral fear of punishment are not sufficient deterrents for them.

Of course, this power should be used with caution and discretion; if not, it can easily become an engine of oppression. Magistrates must, therefore, take care to ensure that these provisions intended to secure the peace of the community, are not utilised for purposes of private vengeance under the aegis of a governmental prosecution.

Specimen Form:

The following is a specimen of a bond for good behaviour:

Whereas, I (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India, for the term of one year, I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term, and in case of my making default therein, I hereby bind myself to forfeit to Government, the sum of Rupees Ten Thousand.

Dated this 1st day of April, 20……..

(Signature)