CrPC Section 149
π Section 149 CrPC: Power of Court to require security for keeping peace or good behavior
Text of Section 149 CrPC (Paraphrased):
When the district magistrate, sub-divisional magistrate, or magistrate of the first class believes that any person is likely to breach the peace or disturb public tranquility, or commit a cognizable offence, the magistrate can order that person to give security for keeping the peace or for good behavior for a specific period.
π§ Meaning and Purpose:
This section empowers magistrates to prevent potential law and order problems before they happen.
If a magistrate believes someone might cause trouble β like violence, public disorder, or criminal acts β the magistrate can require that person to enter into a bond (give security) to maintain peace.
If the person fails to provide the security or later breaks the peace, the magistrate can take further action, including arrest.
βοΈ Key Points:
Who can issue the order?
District Magistrate
Sub-divisional Magistrate
Magistrate of the First Class
When can it be used?
When a person is likely to cause breach of peace or disturb public tranquility.
When there is reasonable suspicion the person may commit a cognizable offence.
What is βsecurityβ?
A written bond (agreement) with or without sureties to maintain peace.
The bond usually involves paying a sum of money if the person breaks the peace.
Duration:
The magistrate specifies the time period for which the security is required.
Objective:
To prevent crime and maintain public order proactively.
It is a preventive legal tool.
π§Ύ Illustration Example:
If a magistrate learns that Person A has been involved in violent protests and is likely to disturb peace again, the magistrate can order Person A to provide a security bond promising good behavior for, say, six months.
If Person A fails to comply or breaks peace, legal action can be taken under this section.
π Relation to Other Sections:
Sections 107, 108, and 110 CrPC also deal with security for peace and good behavior, but differ in the type of magistrate or offence.
Section 149 is part of the preventive justice system aimed at maintaining public order.
π§ββοΈ Summary:
Section 149 CrPC empowers magistrates to require persons likely to disturb peace to give security.
It is a preventive measure against possible breaches of law and order.
Failure to comply can lead to further legal consequences, including arrest.
It helps maintain public tranquility and prevents crime before it happens.
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