Section 107 CrPC: Security for keeping the peace in other cases
Code of Criminal Procedure, 1973
Section 107 CrPC at a Glance
Section 107 CrPC deals with security for keeping the peace in other cases. From 1 July 2024 it is replaced by Section 126 BNSS.
What Section 107 CrPC Says
107. Security for keeping the peace in other cases
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he 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 keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Source: Section 107, Code of Criminal Procedure, 1973
Section 107 CrPC in Simple Words
Section 107 of the Code of Criminal Procedure, 1973 is a preventive provision used to keep the peace and public tranquillity.
When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance, and is of opinion that there is sufficient ground for proceeding, the Magistrate may require that person to show cause why they should not be ordered to execute a bond, with or without sureties, for keeping the peace for a period not exceeding one year.
When Section 107 CrPC Applies
- An Executive Magistrate may initiate action under Section 107(1) CrPC upon receiving information that a person is likely to commit a breach of the peace, disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance.
- Before issuing a notice under Section 107(1) CrPC, the Executive Magistrate must form the opinion that there is sufficient ground for proceeding against the person.
- Where those conditions are met, the Executive Magistrate may, in the manner provided in the Code of Criminal Procedure, 1973, require the person to show cause why an order should not be made to execute a bond, with or without sureties, to keep the peace.
- Any Executive Magistrate may conduct proceedings under Section 107(2) CrPC if the place where the breach of the peace or disturbance is apprehended falls within the local jurisdiction of that Magistrate.
- Any Executive Magistrate may also conduct proceedings under Section 107(2) CrPC if the person is present within that local jurisdiction, even when the likely breach of the peace, disturbance of public tranquillity, or wrongful act would take place beyond that jurisdiction.
Time Limits Under Section 107 CrPC
- The bond for keeping the peace under Section 107(1) CrPC may be required for such period as the Executive Magistrate thinks fit, up to a maximum of one year.Act text: “for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit”
Example of Section 107 CrPC
When Section 107 CrPC Does Not Apply
- Section 107(1) CrPC does not apply when the Executive Magistrate has not received information that a person is likely to commit a breach of the peace, disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance.
- Section 107(1) CrPC does not apply when the Executive Magistrate is not of opinion that there is sufficient ground for proceeding.
- Section 107(1) CrPC does not permit requiring a bond for keeping the peace for any period exceeding one year.
- Proceedings under Section 107(2) CrPC do not lie before an Executive Magistrate when neither the place where the breach of the peace or disturbance is apprehended nor the person likely to cause it is within the local jurisdiction of that Magistrate.
Section 107 CrPC Under BNSS 126: What Changed
Section 107 CrPC is now covered under Section 126 BNSS.
Section 107 of the Code of Criminal Procedure, 1973 became Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with no new sub-sections or merged provisions. The renumbering and the omission of the word the before peace in the heading are changes of form. In Section 126(1) BNSS, the phrase bond with or without sureties in Section 107(1) CrPC is replaced with bond or bail bond. This is also a change of form, since the Sanhita defines a bond as an undertaking without surety and a bail bond as an undertaking with surety. All other requirements, the one year maximum period, and Section 126(2) BNSS remain unchanged.
View detailed comparison (CrPC 107 vs BNSS 126) →FAQs on Section 107 CrPC
Who may require a person to show cause under Section 107 CrPC and when?▼
An Executive Magistrate may act under Section 107(1) CrPC upon receiving information that any person is likely to commit a breach of the peace, disturb the public tranquillity, or do any wrongful act that may probably occasion such a breach or disturbance. If the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may require the person to show cause why they should not be ordered to execute a bond, with or without sureties, for keeping the peace.
What kind of bond and maximum period are permitted under Section 107 CrPC?▼
Section 107(1) of the Code of Criminal Procedure, 1973 allows the Executive Magistrate to require a person to show cause why they should not be ordered to execute a bond, with or without sureties, for keeping the peace. The bond may be ordered for such period as the Executive Magistrate thinks fit, provided that the period does not exceed one year.
Which Executive Magistrate has jurisdiction to take proceedings under Section 107(2) CrPC?▼
Proceedings under Section 107(2) of the Code of Criminal Procedure, 1973 may be taken before any Executive Magistrate when the place where the breach of the peace or disturbance is apprehended is within the local jurisdiction of that Magistrate. Proceedings may also be taken before an Executive Magistrate when there is a person within that local jurisdiction who is likely to commit a breach of the peace, disturb the public tranquillity, or do any such wrongful act beyond that jurisdiction.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 107 CrPC?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 107 CrPC corresponds to Section 126 BNSS, and Section 107(2) CrPC corresponds to Section 126(2) BNSS, which continues to govern security for keeping peace in other cases before an Executive Magistrate.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·