Section 109 CRPC Good Behavior's from Suspected Persons

The Criminal Procedure Code is an adjective of the law of Procedure, although there are some provisions in the code which are substantive in nature.

The purpose of Criminal Procedural law for 109 crpc in hindi is to set up the machinery for the punishment of criminals. This code helps the courts to regulate the procedures.

The non -compliance with the procedure is termed as irregularities.  These irregularities are of two kinds, those that vitiate the proceedings and those which do not.

This code is meant to consolidate the law, on criminal procedures, it is the complete code in itself. This will lead to the set-up as per legal drafting format.

The provisions made under chapter 8 of the Criminal Code of Procedure are substantive in nature, as are made with the intention of preventing offences.

Here, the code tries to furnish security to the satisfaction of the Court that certain conduct is to be maintained by the person. The person from whom security is demanded must execute a bond, it can be with security or without security.

About Good Behaviour under Section 109 CRPC

The power vested here are discretionary in nature, these are not administrative proceedings, and the provision framed are also not repugnant to the fundamental rights or discriminatory in nature.

The security under the provision of this chapter is taken by the court from the person whose behaviour is in question.  It is taken for a certain purpose, certain objective and goal, these proceedings are judicial in nature.

Security for Keeping the Peace on Conviction section 106 :

The essential elements of this section are-

• Person which is accused of a certain offence
• The offence must be one mention under clause 2 of the section 106
• Offence is punishable under section 143,149,153-A or 154 of IPC
• Offence which includes assault or using criminal force or commission of mischief or
• Offence of Criminal Intimidation
• Offence which is likely to bring a breach of peace.

Objectivity Behind the Section 109 CRPC

The purpose is not to punish someone, but to prevent the future commission of offences.  The section comes into operation when someone is convicted of an offence mentioned in clause 2 of the section.

There is no appeal, against the order made under this section. The court has  got the discretionary power to take, security or not.

Constitutionality of the Chapter

The essence of the chapter is the prevention of crime and public tranquillity. Provision is made for public order. The restriction imposed under the chapter are well within clauses 2,3,4,5 of Article 19 of the Constitution, therefore provisions are constitutional.

Security for Keeping Peace in Other Case Section 107

The provision of the section works where there is apprehension that a person is going to disturb the public order by breach of public peace and tranquillity. The object behind is preventive, not penal.

To act under these sections two things such as 109 crpc are necessary –

• Information to the Magistrate
• Satisfaction of Magistrate that there was sufficient ground for proceeding under this section

The proceeding can be dropped, if the material on record discloses that the danger of breach of peace has vanished. The proceeding cannot be initiated unless the person from whom apprehensions arise is brought before the court. The police officer can arrest the person only after obtaining the warrant.

The parties to the dispute can enter the compromise under section 107, but the other party can initiate civil proceedings, by stating the fact that the person acting on their behalf is not authorized to do so.

Security for Good Behaviour from the Person Disseminating Seditious Matters Section 108 CRPC.

The one who will be proceeding under this section must be disseminating seditious matter, the offence of sedition has been defined under section 124A of IPC.

This will be the question of fact and circumstance must be decided according to the antecedents of the person. The provision here does not take into consideration an isolated act or speech made on some special occasions, there must be objectionable speech having been made in the past and having the intention to do so in future.

109 CRPC Security for Good Behaviour from the Suspected persons

When an executive magistrate receives information within his local jurisdiction that some suspected person is taking precautions, to conceal his presence and there is a reason to believe that he /she is doing so with the sole purpose of committing the cognizable offence, the magistrate can ask him to show up the cause why he shouldn’t be asked to execute a bond with or without sureties for keeping good behaviour.  

Essential Ingredients of Section 109 CRPC–

• There must be some person, whose activities or conduct is suspicious.
• The person must be suspected of, apprehension concerning the commission of some cognizable offence.
• Cognizable offence is those, in which punishment is not less than three years of imprisonment, they are considered an offence of serious nature, the code says that an offence for which punishment is death or imprisonment for life or imprisonment for more than three years are cognizable offences. These are the offence under which police can arrest without a warrant, police can start an investigation into these offences without the permission of the court regarding bail application under section 109 crpc.
• The person in question must be concealing his presence – the phrase concealing of the presence is of very wide import. It means in board sense, concealing the bodily presence by taking shelter at some place such as a house, bridge or something else. It can also include covering the face and body with some clothes or marks. The concealment includes disguising oneself in uniform or some other manner. But the impersonation of the another does not amount to concealment.

The provision of this section is preventive in nature, no person can be sentenced to imprisonment or fine. Section 41/109 crpc reads like, if a person belongs to the category mentioned in section 109 crpc, he can be arrested, without a warrant by police.

Now we read section 41 (2) with 109 it becomes clear, that it empowers the police officer to arrest a person who is concealing himself with the view to commit the cognizable offence. 

Similar provisions are made under section 110 CRPC in, which the executive magistrate calls upon the suspected persons habitual offenders to executive the bond for keeping good behaviour for 3 years but not more than that.

Section 110 is again preventive in nature and target the habitual offender of the kind mentioned in the section itself, their arrest can be made by the police if there is apprehension, the section 110 and 41(2) does not prescribe the conditions under which arrest can be made.

Section 109 IPC carved the provision for abetment of the offence for which there is no punishment prescribed by the code, in those cases the punishment for abetment will be the same as prescribed for the offence itself.

Clause (d) of section 110 CRPC says that if the habitual offender commits or attempts to commit or abets the commission of the offence such as kidnapping, abduction, extortion, cheating or mischief or any offence under chapter 12 of IPC or under section 489-A,489-B, 489-C or 489D of the IPC, then the punishment for the abetment will be same as of offence itself.

Bail Application Under Section 109 CRPC of the Code of Criminal Procedure 1973.

The provision of the section says that if the suspected person, conceals his presence to commit the cognizable offence and apprehension of such upcoming commission arises, then the police officer is empowered by section 41 crpc to arrest which suspect without the warrant, whether the suspected persons will bail be granted or not depend upon the nature of offence which they are going to commit.

Conclusion

The sole purpose of chapter 8 of the code of criminal procedure 1973 is to prevent the commission of the offence, by making relevant provisions for the arrest of the suspects of the cognizable offences.

Section 109 crpc of the code is made for the prevention of crime, where the person is trying to conceal his bodily presence, for the commission of a serious offence. 

The police persons in such case of suspicion could arrest the person, without a warrant and the executive magistrate can pause the question of why he shouldn’t be asked to execute the bond or with or without sureties for keeping good behaviour for the period of one year.

Section 111 CRPC empowers the magistrate to make an order under sections 107 crpc, 108, 109 crpc case laws, and section 110.

The procedure for demanding security either for keeping the peace or good behaviour is made under sections 111 to 124 of the criminal procedure code 1973.

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