CrPC Section 184
Detailed Explanation of CrPC Section 184
Section 184 of the Code of Criminal Procedure (CrPC), 1973 deals with the power of a Magistrate to require security for keeping the peace and for good behavior. This section is invoked when there is a concern that a person may disturb the public peace or commit a breach of peace or other unlawful acts.
Text of Section 184 (Simplified Summary):
"If any person, without lawful excuse, is found using any threatening language or behavior, or is likely to commit a breach of peace or disturb public tranquility, the Magistrate may order that person to execute a bond with or without sureties to keep the peace and maintain good behavior for a specified period not exceeding one year."
Explanation:
Purpose of Section 184:
To prevent potential disturbances to public peace and order.
To bind individuals who are likely to commit offenses or disturb tranquility to behave lawfully.
Acts as a preventive legal measure rather than punitive.
Who Can Use This Power?
The power is vested in the Magistrate (usually an Executive Magistrate).
The Magistrate must have reasonable cause to believe that the person may breach the peace.
Grounds for Issuing Order:
The Magistrate can act if a person is:
Using threatening language or behavior.
Likely to commit a breach of peace.
Likely to disturb public tranquility.
Bond for Keeping Peace and Good Behavior:
The Magistrate can require the person to execute a bond (a formal written promise).
The bond may include sureties—other persons who guarantee the individual’s good behavior.
The duration of the bond cannot exceed one year.
Consequences of Breach of Bond:
If the person fails to keep the peace or maintain good behavior, they may be liable to:
Arrest,
Imprisonment,
Or other legal consequences under relevant laws.
Legal Safeguards:
The order is preventive and based on reasonable suspicion or belief, not on a proven offense.
The person concerned has a chance to explain or contest the order before the bond is imposed.
Relation to Other Sections:
Section 184 is related to Sections 106, 107, and 110 CrPC, which also deal with security for good behavior and peace.
Practical Example:
If a person has been repeatedly making threats or engaging in behavior that could lead to violence or riots, the Magistrate can require that person to enter into a bond to keep peace for up to one year.
This ensures that the person is legally bound to refrain from such conduct and maintain public order.
Summary:
Section 184 CrPC empowers Magistrates to require security (bond) from persons likely to disturb peace.
The bond is a preventive tool to maintain law and order.
It may be imposed for up to one year with or without sureties.
Breach of the bond can result in legal action.
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