Security for good behaviour from persons disseminating seditiousmatters
Section 108 of the Code of Criminal Procedure, 1973 deals with security for good behaviour from persons disseminating seditiousmatters. Security for good behaviour from persons disseminating seditious matters. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Security for good behaviour from persons disseminating seditious matters.
(1) When [an Executive Magistrate] receives infor- mation that there is within his local jurisdiction any person who, within or without such jurisdiction,-
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,-
(a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amount to criminal intimidation or defamation under the India Penal Code (45 of 1860),
(ii) makes, produces, publishes or keeps for sale, imports, export conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code ( 45 of 1860),
1 Ins. by Act 45 of 1978, S. 11 ( w.e.f. 18.12. 1978).
2 Subs by Act by 63 of 1980, S. 2 (w.e.f. 23.9.1980).
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act,1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under tile authority of the State Government or some officer empowered by the State Government in this behalf.
Section 108, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 127 Security for good behaviour from persons disseminating certain matters Text carried over almost unchanged 85%
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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Pramod Kumar vs State of Uttar Pradesh
Court's Decision & Legal Precedent
A notice issued under Section 111/112 CrPC on a printed proforma without setting forth the substance of information received by the Magistrate, the magistrate's opinion on likelihood of breach of peace, and specific details of allegations against the person is defective, invalid, and liable to be quashed. The mandatory elements prescribed by Section 111 CrPC must be strictly complied with, and the object of setting forth the substance of information is to inform the person what allegations they have to answer. Proceedings based on such defective notice cannot be sustained.
On this section: Cited as part of the framework for preventive detention proceedings
-
Yanamadala Anil Chand vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Where a person has been acquitted in most criminal cases, has not been involved in any criminal activity for several years, and has no pending cases, the continuation of a rowdy sheet without any current justification may be deemed arbitrary. In such circumstances, the appropriate remedy is to permit the person to make a representation before the competent police authority (Sub-Divisional Police Officer) for closure of the rowdy sheet, rather than granting absolute mandamus, thereby balancing law enforcement interests with individual rehabilitation rights.
On this section: Applied in context of binding over petitioner for good behavior in Cr.No.56/2004 and Cr.No.164/2005
-
Cimal Raveendran vs S.i. of Police
Court's Decision & Legal Precedent
Initiation of proceedings under Section 107 Cr.P.C by a magistrate under Section 111 Cr.P.C is a matter of great consequence requiring due and proper application of mind to relevant facts and materials before passing such an order. An order passed without such careful and cautious application of mind, particularly where the magistrate fails to consider the specific crime registered against the accused or to properly distinguish between Sections 107 and 108 Cr.P.C, is liable to be set aside on judicial review.
On this section: Security for good behaviour - court noted confusion between Section 107 and 108 in the impugned order
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
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.
-
… Provisions) Act, 1976, such sentence not having been subsequently reversed or remitted; or (ba) if he has been convicted for an offence punishable under sections [114, 117 and 118] of this Act, such conviction not having been subsequently set aside; or] (c) if an order is passed against him under Section 108 of [the Code of Criminal Procedure,1973 (Central Act 2 of 1974)], in proceedings instituted under Section 110 of that Code, such order having not been subsequently reversed or quashed; or (d) if he is an undischarged insolvent; or (e) if he is of unsound mind and stands so declared by a competent court; or …
-
… Out of these nine cases, seven cases are for the commission of the offences under the Prohibition Act whereas one case is for the commission of offence under IPC and last case is registered under Section 108 of the Code of Criminal Procedure which is a Chapter Case. The externing authority while recording the impugned order has stated that there are nine cases registered against the petitioner for the commission of the offences under the Prohibition Act which shows clear non-application of mind on the part of the …
Questions about Section 108
What have the courts held on Section 108 of the Code of Criminal Procedure?
Pramod Kumar vs State of Uttar Pradesh (03 Aug 2021) is the leading judgment on this section among those set out below: Cited as part of the framework for preventive detention proceedings. Another 2 judgments on this section are set out below. They run from 2009 to 2021.
How do I find court cases under Section 108 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 108, section 108 CRPC, section 108 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Pramod Kumar vs State of Uttar Pradesh (03 Aug 2021).
What should I read with Section 108 of the Code of Criminal Procedure, and has it changed?
Its own text turns on Indian Penal Code 292 (Sale, etc., of obscene books, etc), Indian Penal Code 295A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 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 127 (Security for good behaviour from persons disseminating certain matters), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 108 of the Code of Criminal Procedure come into force?
Section 108 of the Code of Criminal Procedure, cited as CRPC 108, 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
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.