Section 106 CrPC: Security for keeping the peace on conviction

Code of Criminal Procedure, 1973

Section 106 CrPC at a Glance

Section 106 CrPC deals with security for keeping the peace on conviction. From 1 July 2024 it is replaced by Section 125 BNSS.

Now BNSS

Section 125 →

What Section 106 CrPC Says

106. Security for keeping the peace on conviction
(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.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Source: Section 106, Code of Criminal Procedure, 1973

Section 106 CrPC in Simple Words

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 an offence listed in Section 106(2) CrPC, or of abetting such an offence, and is of opinion that it is necessary to take security from that person for keeping the peace, the Court may, at the time of passing sentence, order that person to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

Under Section 106(4) CrPC an Appellate Court or a Court exercising its powers of revision may also make the order.

When Section 106 CrPC Applies

A Court of Session or Court of a Magistrate of the first class may order security under Section 106(1) CrPC when it convicts a person of an offence listed in Section 106(2) CrPC or of abetting such an offence and is of opinion that it is necessary to take security from that person for keeping the peace.
At the time of passing sentence on the convicted person, the Court may order that person to execute a bond, with or without sureties, for keeping the peace under Section 106(1) CrPC.
Section 106(2)(a) CrPC lists any offence punishable under Chapter VIII of the Indian Penal Code, other than an offence punishable under section 153A or section 153B or section 154 of that Code.
Section 106(2)(b) CrPC, Section 106(2)(c) CrPC and Section 106(2)(d) CrPC list any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
If the conviction is set aside on appeal or otherwise, the bond so executed shall become void under Section 106(3) CrPC.
Under Section 106(4) CrPC an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Time Limits Under Section 106 CrPC

Under Section 106(1) CrPC the Court may order the bond at the time of passing sentence on the convicted person.Act text: “at the time of passing sentence on such person”
Under Section 106(1) CrPC the bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit.Act text: “for such period, not exceeding three years, as it thinks fit”

Example of Section 106 CrPC

Ramesh is tried before a Court of a Magistrate of the first class for criminal intimidation and using criminal force against Mohan. The Magistrate convicts Ramesh of these offences, which are listed in Section 106(2)(b) CrPC and Section 106(2)(c) CrPC. The Magistrate is of opinion that it is necessary to take security from Ramesh for keeping the peace and, at the time of passing sentence, orders Ramesh under Section 106(1) CrPC to execute a bond with sureties for a period not exceeding three years. When the Appellate Court later sets aside the conviction on appeal, the bond executed by Ramesh becomes void under Section 106(3) CrPC.

When Section 106 CrPC Does Not Apply

Section 106(1) CrPC speaks of a conviction by a Court of Session or Court of a Magistrate of the first class. It does not deal with a conviction by a Magistrate of the second class.
Section 106(2)(a) CrPC speaks of offences punishable under Chapter VIII of the Indian Penal Code, other than an offence punishable under section 153A or section 153B or section 154. It does not deal with a conviction only under section 153A of that Code.

Section 106 CrPC Under BNSS 125: What Changed

Section 106 CrPC is now covered under Section 125 BNSS.

Section 106 CrPC is found in Section 125 BNSS from 1 July 2024. Section 125(1) BNSS and Section 125(3) BNSS read bond or bail bond where Section 106(1) CrPC and Section 106(3) CrPC read a bond, with or without sureties, and the bond, a change of form. Section 125(2)(a) BNSS refers to Chapter XI of the Bharatiya Nyaya Sanhita, 2023 and to section 193(1) or section 196 or section 197 of that Sanhita where Section 106(2)(a) CrPC referred to Chapter VIII of the Indian Penal Code and to section 153A or section 153B or section 154 of that Code. Section 125(2)(b) BNSS, Section 125(2)(c) BNSS, Section 125(2)(d) BNSS and Section 125(4) BNSS carry the same words as Section 106(2)(b) CrPC, Section 106(2)(c) CrPC, Section 106(2)(d) CrPC and Section 106(4) CrPC.

View detailed comparison (CrPC 106 vs BNSS 125) →

FAQs on Section 106 CrPC

Which courts can order security for keeping the peace on conviction under Section 106 CrPC?▼

Under Section 106(1) CrPC, a Court of Session or Court of a Magistrate of the first class may, at the time of passing sentence, order a convicted person to execute a bond, with or without sureties, for keeping the peace. Under Section 106(4) CrPC, an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Which offences are listed in Section 106(2) CrPC?▼

Section 106(2) CrPC lists any offence punishable under Chapter VIII of the Indian Penal Code, other than an offence punishable under section 153A or section 153B or section 154, any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. Section 106(1) CrPC also covers abetting any such offence.

For how long can a bond under Section 106 CrPC run, and what happens if the conviction is set aside?▼

Under Section 106(1) CrPC the bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit. Under Section 106(3) CrPC, if the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

Where is Section 106 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 106 CrPC is found in Section 125 BNSS from 1 July 2024. Section 106(1) CrPC is found in Section 125(1) BNSS, Section 106(2) CrPC in Section 125(2) BNSS, Section 106(3) CrPC in Section 125(3) BNSS and Section 106(4) CrPC in Section 125(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·