Section 108 CrPC: Security for good behaviour from persons disseminating seditious matters

Code of Criminal Procedure, 1973

Section 108 CrPC at a Glance

Section 108 CrPC deals with security for good behaviour from persons disseminating seditious matters. From 1 July 2024 it is replaced by Section 127 BNSS.

Now BNSS

Section 127 →

What Section 108 CrPC Says

108. Security for good behaviour from persons disseminating seditious matters
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate 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 his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Source: Section 108, Code of Criminal Procedure, 1973

Section 108 CrPC in Simple Words

Section 108 of the Code of Criminal Procedure, 1973 deals with security for good behaviour from persons disseminating seditious matters.

When an Executive Magistrate receives information that a person within the local jurisdiction of the Magistrate intentionally disseminates, attempts to disseminate or abets the dissemination of matter described in Section 108(1)(i) CrPC, or puts into circulation obscene matter described in Section 108(1)(ii) CrPC, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may require that person to show cause why that person should not be ordered to execute a bond, with or without sureties, for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

Section 108(2) CrPC sets a condition for proceedings against the editor, proprietor, printer or publisher of a registered publication.

When Section 108 CrPC Applies

Under Section 108(1) CrPC an Executive Magistrate who receives information that a person within the Magistrate's local jurisdiction, within or without that jurisdiction, does one of the acts described in Section 108(1)(i) CrPC or Section 108(1)(ii) CrPC may act if the Magistrate is of opinion that there is sufficient ground for proceeding.
Section 108(1)(i)(a) CrPC covers a person who, orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code.
Section 108(1)(i)(b) CrPC covers a person who does so with any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under the Indian Penal Code.
Section 108(1)(ii) CrPC covers a person who makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code.
The Magistrate may require such person to show cause why that person should not be ordered to execute a bond, with or without sureties, for good behaviour.
Under Section 108(2) CrPC no proceedings shall be taken against the editor, proprietor, printer or publisher of a publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, with reference to any matter contained in the publication, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Time Limits Under Section 108 CrPC

Under Section 108(1) CrPC the bond for good behaviour is for such period, not exceeding one year, as the Magistrate thinks fit.Act text: “for such period, not exceeding one year, as the Magistrate thinks fit”

Example of Section 108 CrPC

Sunil keeps for sale and distributes obscene matter such as is referred to in section 292 of the Indian Penal Code, within the local jurisdiction of an Executive Magistrate. The Executive Magistrate receives information about Sunil and is of opinion that there is sufficient ground for proceeding. Under Section 108(1)(ii) CrPC the Magistrate may require Sunil to show cause why Sunil should not be ordered to execute a bond, with or without sureties, for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

When Section 108 CrPC Does Not Apply

Section 108(1)(i)(b) CrPC speaks of matter concerning a Judge acting or purporting to act in the discharge of official duties. It does not deal with defamatory matter about a person who is not a Judge.
Section 108(1) CrPC speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.

Section 108 CrPC Under BNSS 127: What Changed

Section 108 CrPC is now covered under Section 127 BNSS.

Section 108 CrPC is found in Section 127 BNSS from 1 July 2024. Section 127 BNSS is headed disseminating certain matters where Section 108 CrPC was headed disseminating seditious matters. Section 127(1)(i)(a) BNSS refers to section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 where Section 108(1)(i)(a) CrPC referred to section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. Section 127(1)(i)(b) BNSS and Section 127(1)(ii) BNSS refer to that Sanhita and section 294 where Section 108(1) CrPC referred to the Indian Penal Code and section 292. Section 127(1) BNSS reads a bond or bail bond where Section 108(1) CrPC read a bond, with or without sureties, a change of form. Section 127(2) BNSS reads as Section 108(2) CrPC read.

View detailed comparison (CrPC 108 vs BNSS 127) →

FAQs on Section 108 CrPC

Who may act under Section 108 CrPC, and on what information?▼

Under Section 108(1) CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who, within or without that jurisdiction, does an act described in Section 108(1)(i) CrPC or Section 108(1)(ii) CrPC may, if of opinion that there is sufficient ground for proceeding, require that person to show cause why that person should not be ordered to execute a bond for good behaviour.

What matter does Section 108 CrPC cover?▼

Section 108(1)(i)(a) CrPC covers dissemination of any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. Section 108(1)(i)(b) CrPC covers any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under that Code. Section 108(1)(ii) CrPC covers obscene matter such as is referred to in section 292 of that Code.

How long can a bond under Section 108 CrPC run, and what does Section 108(2) CrPC say about registered publications?▼

Under Section 108(1) CrPC the bond, with or without sureties, is for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. Section 108(2) CrPC says that no proceedings shall be taken against the editor, proprietor, printer or publisher of a registered publication, with reference to any matter contained in it, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Where is Section 108 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 108 CrPC is found in Section 127 BNSS from 1 July 2024. Section 108(1) CrPC is found in Section 127(1) BNSS and Section 108(2) CrPC in Section 127(2) BNSS.

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