Code of Criminal Procedure, 1973 - Chapter VIII

Sections 106 and 107 CrPC: Security for Keeping the Peace on Conviction and in Other Cases

Sections 106 and 107 of the Code of Criminal Procedure, 1973 dealt with preventive security for keeping the peace. Section 106 operated after conviction for specified offences, while Section 107 empowered an Executive Magistrate to act preventively where a breach of the peace or disturbance of public tranquillity was apprehended.

Law applicable before BNSS: The Code of Criminal Procedure, 1973 was repealed when the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Pending appeals, applications, trials, inquiries and investigations immediately before commencement continue under the CrPC by virtue of Section 531(2)(a) BNSS. The corresponding current provisions are Sections 125 and 126 BNSS.

Meaning and purpose of security for keeping the peace

Chapter VIII of the CrPC was titled "Security for keeping the peace and for good behaviour." These provisions were preventive in character. They enabled a competent court or Executive Magistrate, in the circumstances specified by the Code, to require a person to execute a bond intended to secure peaceful conduct for a limited period.

Security for keeping the peace means a legal undertaking, supported by a bond and, where permitted, sureties, requiring the person to maintain peace during the period fixed by the court or Magistrate. Section 106 was linked to a qualifying conviction. Section 107 did not require a prior conviction and was directed at an apprehended breach of peace.

Section 106 CrPC - Security for keeping the peace on conviction

Section 106 applied when a Court of Session or a Magistrate of the first class convicted a person of an offence specified in the section, or of abetting such an offence, and considered it necessary to obtain security for keeping the peace. The order could be made at the time of passing sentence.

Essential requirements of Section 106

  1. There must be a conviction by a Court of Session or a Magistrate of the first class for a qualifying offence or its abetment.
  2. The court must form the opinion that taking security is necessary for keeping the peace.
  3. The order must require execution of a bond, with or without sureties, for a period not exceeding three years.
  4. If the conviction is later set aside on appeal or otherwise, the bond becomes void.
  5. An Appellate Court or a court exercising revisional powers could also make an order under this section.

Offences covered by Section 106(2)

Before the implementation of the BNSS and BNS, Section 106(2) referred to specified offences under the Indian Penal Code, 1860 and other offences involving or likely to cause a breach of the peace. Broadly, the provision covered:

  1. offences punishable under Chapter VIII of the Indian Penal Code, except offences punishable under Sections 153A, 153B and 154 IPC;
  2. offences consisting of or including assault, use of criminal force or mischief;
  3. criminal intimidation; and
  4. other offences that caused, or were intended or known to be likely to cause, a breach of the peace.

Official statutory text: Code of Criminal Procedure, 1973 - India Code.

Section 107 CrPC - Security for keeping the peace in other cases

Section 107 was a preventive provision exercisable by an Executive Magistrate. It applied when the Magistrate received information that a person was likely to commit a breach of the peace, disturb public tranquillity, or do a wrongful act that might probably occasion such breach or disturbance, and the Magistrate considered that sufficient ground existed for proceeding.

What could the Executive Magistrate require?

The Magistrate could require the person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace. The period fixed under Section 107 could not exceed one year.

Territorial jurisdiction under Section 107(2)

Proceedings could be taken before an Executive Magistrate where the anticipated breach of peace or disturbance was within the Magistrate's local jurisdiction. Proceedings could also be taken where the person likely to cause the breach or disturbance was within that jurisdiction even though the anticipated wrongful act was beyond it.

Important: Section 107 was not itself a punishment for a completed offence. It formed part of the preventive procedure under Chapter VIII. The subsequent procedural provisions of that Chapter governed the order to be made, inquiry, security and discharge.

Difference between Sections 106 and 107 CrPC

PointSection 106 CrPCSection 107 CrPC
NatureSecurity after conviction for specified offencesPreventive security where breach of peace is apprehended
AuthorityCourt of Session or Magistrate of the first class; also appellate or revisional courtExecutive Magistrate
TriggerQualifying conviction and judicial opinion that security is necessaryInformation of likely breach of peace, disturbance of public tranquillity or qualifying wrongful act, plus sufficient ground to proceed
Maximum periodThree yearsOne year
Effect of conviction being set asideBond becomes voidNot dependent on a prior conviction

Corresponding provisions under BNSS from 1 July 2024

The BNSS now contains the corresponding provisions in Chapter IX, titled "Security for keeping the peace and for good behaviour." CrPC Section 106 corresponds to Section 125 BNSS, and CrPC Section 107 corresponds to Section 126 BNSS. Section 125 uses the BNSS terminology "bond or bail bond" and updates the substantive-law references to the Bharatiya Nyaya Sanhita, 2023. Section 126 substantially carries forward the preventive framework of old Section 107.

CrPC provisionSubjectBNSS provision
Section 106Security for keeping the peace on convictionSection 125
Section 107Security for keeping the peace in other casesSection 126

For the current enactment, see Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code. For a proceeding that was already pending immediately before 1 July 2024, the saving provision in Section 531(2)(a) BNSS should be considered before deciding which procedural code governs the matter.

Practical summary

For matters governed by the CrPC before implementation of the BNSS, Section 106 concerned security following conviction for specified peace-related offences and permitted a bond for up to three years. Section 107 was broader as a preventive jurisdiction, but it required the Executive Magistrate to receive relevant information and form the statutory opinion that sufficient ground existed for proceeding. Its security period could not exceed one year.

This page is a general legal information resource. The applicable provision depends on the date and procedural status of the particular proceeding, including the saving provisions governing the transition from CrPC to BNSS.