Section 106 CrPC: Security for Keeping the Peace on Conviction
1. Code
Section 106 of the Code of Criminal Procedure, 1973 deals with the power of the court to demand security for keeping the peace from a person convicted of an offense.
2. Explanation
This section empowers a court to demand security from a convicted person to ensure they maintain peace and good behavior. This is done to prevent the person from committing further offenses or disrupting public order. The court may impose a security bond, which the person must pay, and failure to do so can lead to imprisonment.
The court has the discretion to determine whether to demand security based on the nature of the offense, the offender’s past conduct, and the likelihood of future offenses. This section is intended to serve as a preventative measure to maintain public safety and order.
3. Illustration
Imagine a person is convicted of assault. The court, considering the nature of the offense and the possibility of the person committing similar acts in the future, may demand security for keeping the peace. The court may order the person to provide a bond of a certain amount, and failure to do so could result in imprisonment. This serves as a deterrent and ensures the person maintains peace.
4. Common Questions and Answers
Q: Who can demand security under Section 106 CrPC?
A: Only a court can demand security under this section.
Q: When can a court demand security?
A: The court can demand security only after a person has been convicted of an offense.
Q: What happens if the convicted person fails to provide security?
A: If the convicted person fails to provide security, the court can imprison them for a period of up to one year.
Q: Can the convicted person appeal against the court’s order to provide security?
A: Yes, the convicted person can appeal against the court’s order to provide security.
