CrPC Section 153
Criminal Procedure Code (CrPC) - Section 153: Power to Require Security for Keeping the Peace
Section 153 of the Criminal Procedure Code (CrPC) empowers certain Magistrates to require a person to execute a bond with or without sureties for keeping the peace and maintaining good behavior for a specified period. This section is aimed at preventing disturbances to public peace.
Purpose:
The purpose of Section 153 is to prevent a person from disturbing public tranquility by imposing a legal obligation to maintain peace and good conduct. It serves as a preventive measure against potential breaches of peace.
Key Provisions of Section 153:
Who Can Require Security:
The District Magistrate, Sub-divisional Magistrate, or an Executive Magistrate specially empowered by the State Government can require security.
When Security May Be Required:
If the Magistrate believes that a person is likely to commit a breach of the peace or disturb public tranquility, they may require such person to enter into a bond.
This is usually based on information or complaints suggesting the person’s likely misconduct.
Execution of Bond:
The person may be required to execute a bond with or without sureties to keep the peace and maintain good behavior for a period specified by the Magistrate, which may extend up to one year.
Penalty for Breach:
If the person breaks the bond conditions (i.e., disturbs peace or behaves badly), they can be prosecuted and punished under the law.
Security for Good Behavior:
The section not only deals with peace but also the requirement to maintain good behavior in general.
Importance of Section 153:
Preventive Action: Helps in preventing breaches of peace before they occur.
Maintains Public Order: Enables Magistrates to take proactive steps to protect public tranquility.
Legal Obligation: Creates a legal obligation on potentially troublesome persons to behave well.
Supports Law Enforcement: Acts as a tool for maintaining law and order at the grassroots level.
Practical Example:
If a person has been involved in frequent fights or is likely to disturb communal harmony, the Magistrate may require them to provide security for good behavior and peace under Section 153.
Conclusion:
Section 153 of the CrPC serves as an important preventive provision allowing Magistrates to require security bonds from individuals likely to disturb public peace. This helps maintain law and order and promotes peaceful coexistence within the community.
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