Section 108 CrPC: Security for Good Behaviour from Persons Disseminating Seditious Matters

Section 108 of the Code of Criminal Procedure, 1973 empowered an Executive Magistrate, in specified circumstances, to require a person to show cause why a bond for good behaviour should not be executed for a period not exceeding one year. This page explains the provision as it stood before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Historical law note: The CrPC, 1973 was replaced for the new criminal procedure regime when the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. This article is therefore presented for the legal position applicable before implementation of the BNSS and for matters in which the former law remains relevant.

Meaning and purpose of Section 108 CrPC

Section 108 formed part of Chapter VIII of the CrPC dealing with security for keeping the peace and for good behaviour. It was preventive in character. The provision did not itself prescribe punishment for the underlying publication or material. Instead, where the statutory conditions were met, an Executive Magistrate could initiate proceedings requiring the person concerned to show cause against an order to execute a bond, with or without sureties, for good behaviour.

The maximum period of the bond under Section 108 was one year. The Magistrate first had to receive information concerning conduct falling within the section and form an opinion that sufficient ground existed for proceeding.

Text and scope of Section 108 CrPC

Section 108 - Security for good behaviour from persons disseminating seditious matters

(1) Where an Executive Magistrate received information that a person within the Magistrate's local jurisdiction, whether acting within or outside that jurisdiction, intentionally disseminated, attempted to disseminate, or abetted the dissemination of matter whose publication was punishable under Section 124A, Section 153A, Section 153B or Section 295A of the Indian Penal Code, 1860, the preventive jurisdiction under Section 108 could be invoked subject to the statutory requirements.

The provision also covered specified matter concerning a Judge acting or purporting to act in the discharge of official duties where the matter amounted to criminal intimidation or defamation under the IPC.

It further covered making, producing, publishing, keeping for sale, importing, exporting, conveying, selling, hiring, distributing, publicly exhibiting or otherwise putting into circulation obscene matter of the kind referred to in Section 292 IPC.

If the Magistrate considered that sufficient ground existed for proceeding, the person could be required to show cause why he or she should not be ordered to execute a bond, with or without sureties, for good behaviour for a period not exceeding one year.

(2) The section restricted proceedings concerning matter in a publication registered and published in conformity with the Press and Registration of Books Act, 1867. Proceedings against the editor, proprietor, printer or publisher in relation to such matter required an order or authority of the State Government or an officer empowered by it.

Legal provisions referred to in Section 108

Section 124A IPC - Sedition

Section 124A IPC was the sedition provision expressly referred to in Section 108(1)(i)(a). Before the BNSS and BNS regime commenced, the Supreme Court, by its order dated 11 May 2022 in the batch led by S.G. Vombatkere v. Union of India, directed that the use of Section 124A be kept in abeyance while the Union reconsidered the provision. Accordingly, any historical discussion of Section 108 during that period must be read subject to those directions.

Section 153A IPC - Promoting enmity between groups

Section 153A IPC dealt, broadly, with promoting enmity between different groups on specified grounds and acts prejudicial to maintenance of harmony. Publication punishable under that provision was one of the statutory triggers mentioned in Section 108.

Section 153B IPC - Imputations and assertions prejudicial to national integration

Section 153B IPC dealt with specified imputations and assertions prejudicial to national integration. Section 108 expressly included matter whose publication was punishable under this provision.

Section 295A IPC - Deliberate and malicious acts concerning religious feelings

Section 295A IPC dealt with deliberate and malicious acts intended to outrage religious feelings of a class by insulting its religion or religious beliefs. It was another provision specifically incorporated by reference in Section 108.

Section 292 IPC - Obscene material

Section 292 IPC dealt with sale, distribution, public exhibition and related dealings in obscene books and other obscene objects, subject to the statutory text and exceptions. Section 108(1)(ii) addressed circulation of obscene matter of the kind referred to in Section 292.

Who could initiate proceedings under Section 108?

The authority identified in the provision was an Executive Magistrate. The words "an Executive Magistrate" were substituted for the earlier reference to a Judicial Magistrate of the first class by Act 63 of 1980 with effect from 23 September 1980.

Conditions before requiring security

  • The Executive Magistrate had to receive information concerning a person within the Magistrate's local jurisdiction.
  • The alleged conduct had to fall within one of the categories specified in Section 108.
  • The Magistrate had to form an opinion that there was sufficient ground for proceeding.
  • The person had to be given an opportunity to show cause in accordance with the procedure governing Chapter VIII proceedings.
  • The bond could be with or without sureties and could not exceed one year.

Protection relating to registered publications

Section 108(2) created a specific procedural protection for the editor, proprietor, printer or publisher of a publication registered under and published in conformity with the Press and Registration of Books Act, 1867. In relation to matter contained in such a publication, proceedings under Section 108 required the order or authority of the State Government or an officer empowered by the State Government.

Section 108 and the preventive procedure under Chapter VIII

Section 108 was not read in isolation. Once sufficient ground for proceeding existed, the subsequent provisions of Chapter VIII governed the order to be made, presence or summons of the person, inquiry into the truth of the information, order to give security, discharge, commencement of the security period, contents of the bond, sureties and consequences of failure to furnish security.

Position before implementation of BNSS

For the period immediately preceding the commencement of the BNSS, Section 108 remained part of the text of the CrPC, 1973, but its reference to Section 124A IPC had to be understood in light of the Supreme Court's interim directions of 11 May 2022 concerning the operation of the sedition provision. The BNSS subsequently came into force on 1 July 2024, replacing the CrPC for the new procedural regime, subject to applicable saving and transitional provisions.

Important: This page explains the pre-BNSS statutory framework. For a proceeding, offence or procedural step arising after 1 July 2024, the applicable provisions of the BNSS, BNS and relevant saving clauses should be checked separately.

Related CrPC provisions

Continue with the related provisions on security for keeping the peace and good behaviour using the links in the sidebar. These provisions explain the connected procedure from Sections 106 to 124 of the Code of Criminal Procedure, 1973.