Security for keeping the peace on conviction
Section 106 of the Code of Criminal Procedure, 1973 deals with security for keeping the peace on conviction. When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of pass The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are-
(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof ;
(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation ;
(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
*1 Subs. & Ins. by Act 32 of 1988, S. 2.
2 Ins. by Act 40 of 1993, S. 2 (w.e.f. 20.7.1994).
854C
CHAP
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS ANDPROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
[CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
Section 106, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 125 Security for keeping peace on conviction Close, with changes 79%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… affidavit filed therewith, the High Court be pleased to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in directing the respondent No.4 to 6 to freeze/attach petitioners bank account No.9096002100001433 exercising the powers under Section 106 of the Code of Criminal Procedure, 2023 (BNSS, 2023) under the pretext of an Crime registered in FIR No.316/2024, dated 02.09.2024 on the file of may the respondent No.3, even though the petitioner is not at all an accused to the said Crime and no nexus between the petitioner and the de-facto complainant as …
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… that the sentence so imposed is excessive and is reduced to what has already been undergone by the appellants in course of trial of the case and during pendency of the appeal, additionally each of the appellants would furnish good behaviour bond of Rs.10,000/- with one local surety for a period of two years under Section 106 of the Code of Criminal Procedure before the jurisdictional Executive Magistrate. Such bond is to be furnished by 31.08.2022. Accordingly, CRA 576 of 2016 is partly allowed. Pending Applications, if any, are consequently disposed of. Department is directed to send back the Lower Court Records and …
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… The records reflect that the appellant No.3 namely, Nemai Ghosh was released on bail pursuant to the order dated 29 .09. 2015, however, having regard to his role in the alleged incident his sentence is also reduced to that which has already been undergone by him, subject to the provisions of Section 106 of the Code of Criminal Procedure. The appellant No.3 namely, Nemai Ghosh would execute a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with two sureties of like amount each, one of whom must be local to the satisfaction of the Learned Executive Magistrate, Suri for a period of two years. The …
Questions about Section 106
What does Section 106 of the Code of Criminal Procedure deal with?
Section 106 of the Code of Criminal Procedure is headed "Security for keeping the peace on conviction". When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of pass
How do I find court cases under Section 106 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 106, section 106 CRPC, section 106 of the Code of Criminal Procedure. People searching for it also type crpc 106 in bnss and crpc 106 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 106 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 154 (Information in cognizable cases), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 125 (Security for keeping peace on conviction), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 106 of the Code of Criminal Procedure come into force?
Section 106 of the Code of Criminal Procedure, cited as CRPC 106, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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