Section 110 CrPC: Security for good behaviour from habitual offenders

What Section 110 CrPC Says

110. Security for good behaviour from habitual offenders

When an Executive Magistrate receives information that there is within his local jurisdiction a person who—

(a) is by habit a robber, house-breaker, thief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or (f) habitually commits, or attempts to commit, or abets the commission of—

(i) any offence under one or more of the following Acts, namely:—

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);

(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);

(c) the Employees’ Provident Fund and Family Pension Fund Act, 1952 (19 of 1952);

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(e) the Essential Commodities Act, 1955 (10 of 1955);

(f) the Untouchability (Offences) Act, 1955 (22 of 1955);

(g) the Customs Act, 1962 (52 of 1962);

(h) the Foreigners Act, 1946 (31 of 1946); or

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

Source: Section 110, Code of Criminal Procedure, 1973

Section 110 CrPC in Simple Words

When Section 110 CrPC Applies

• Under Section 110 CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who falls within Section 110(a) CrPC to Section 110(g) CrPC may act.
• Section 110(a) CrPC, Section 110(b) CrPC and Section 110(c) CrPC cover a person who is by habit a robber, house-breaker, thief, or forger, who is by habit a receiver of stolen property knowing the same to have been stolen, or who habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property.
• Section 110(d) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code or under section 489A, section 489B, section 489C or section 489D of that Code.
• Section 110(e) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace.
• Section 110(f) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, any offence under one or more of the Acts named in Section 110(f)(i) CrPC, or any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
• Section 110(g) CrPC covers a person who is so desperate and dangerous as to render being at large without security hazardous to the community.
• The Magistrate may require such person to show cause why the person should not be ordered to execute a bond, with sureties, for good behaviour.

Time Limits Under Section 110 CrPC

• Under Section 110 CrPC the bond for good behaviour is for such period, not exceeding three years, as the Magistrate thinks fit.Act text: “for such period, not exceeding three years, as the Magistrate thinks fit”

Example of Section 110 CrPC

When Section 110 CrPC Does Not Apply

• Section 110 CrPC speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.

Section 110 CrPC Under BNSS 129: What Changed

FAQs on Section 110 CrPC

Sections Related to Section 110 CrPC