110Security for good behaviour from habitual offenders
When 1 [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);
2[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);]
(c) the Employees Provident Fund 3 [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); 4 ***
5[(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 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.
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1. Subs. by Act 63 of 1980, s. 2, for "a Judicial Magistrate of the first class" (w.e.f. 23-9-1980).
2. Subs. by Act 56 of 1974, s. 3 and the Second Sch., for item (b) (w.e.f. 10-1-1975).
3. Ins. by s. 3 and the Second Sch., ibid. (w.e.f. 10-1-1975).
4. The word "or" omitted by Act 25 of 2005, s. 14 (w.e.f. 23-6-2006).
5. Ins. by s. 14, ibid. (w.e.f. 23-6-2006).
- 106 Security for keeping the peace on conviction
- 107 Security for keeping the peace in other cases
- 108 Security for good behaviour from persons disseminating seditious matters
- 109 Security for good behaviour from suspected persons
- 110 Security for good behaviour from habitual offenders
- 111 Order to be made
- 112 Procedure in respect of person present in Court
- 113 Summons or warrant in case of person not so present
- 114 Copy of order to accompany summons or warrant
- 115 Power to dispense with personal attendance
- 116 Inquiry as to truth of information
- 117 Order to give security
- 118 Discharge of person informed against
- 119 Commencement of period for which security is required
- 120 Contents of bond
- 121 Power to reject sureties
- 122 Imprisonment in default of security
- 123 Power to release persons imprisoned for failing to give security
- 124 Security for unexpired period of bond