Question

An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than

• A. 6 months
• B. 3 months
• C. 1 year
• D. 3 years

Hint:

For CrPC, the chapters on preventive action (Chapter VIII), arrest (Chapter V), and bail are very important. Remember the specific powers and the maximum duration of orders that can be passed by different types of Magistrates (Judicial vs. Executive).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question relates to the preventive powers of an Executive Magistrate under the Code of Criminal Procedure, 1973 (CrPC). Specifically, it concerns the maximum duration for which a security bond for good behaviour can be demanded from a habitual offender.
Step 2: Key Formula or Approach:
The relevant provisions are in Chapter VIII of the CrPC, which deals with "Security for Keeping the Peace and for Good Behaviour".
- Section 110 of CrPC: Empowers an Executive Magistrate to require security for good behaviour from persons who are habitual offenders (e.g., thieves, robbers, forgers, etc.).
- Section 117 of CrPC: Deals with the order to give security. It states that if upon inquiry it is proved necessary to require security, the Magistrate shall make an order accordingly. The period for which security is required shall not exceed three years.
Step 3: Detailed Explanation:
Section 110 provides the grounds on which an Executive Magistrate can initiate proceedings against a person believed to be a habitual offender. If, after conducting an inquiry as laid out in the subsequent sections, the Magistrate is satisfied that such action is necessary, an order is passed under Section 117. This section sets the maximum limit for such a security bond. While the Magistrate can order a bond for any period up to three years (e.g., one year, two years), they cannot exceed this maximum limit of three years.
Step 4: Final Answer:
The maximum period for which an Executive Magistrate can require security for good behaviour from habitual offenders is 3 years.

Answer 2

Chapter VIII of the Code of Criminal Procedure, 1973 lets an Executive Magistrate demand a security bond from certain categories of people to prevent future trouble, and different categories carry different maximum periods. The question asks specifically about the category of habitual offenders under Section 110, so each option needs to be checked against that specific ceiling.

1. 6 months: this period does not correspond to any of the maximum limits fixed under Chapter VIII of the CrPC for security proceedings, so it can be ruled out straight away.
2. 3 months: like six months, this figure has no basis in the security-for-good-behaviour provisions of the Code, so it is not correct either.
3. 1 year: this is a real limit under the Code, but it applies to different categories, such as security for keeping the peace in cases of apprehended breach, or security for good behaviour from persons suspected of disseminating seditious material, or from suspicious characters with no visible means of subsistence. It is not the ceiling that applies to habitual offenders.
4. 3 years: Section 110 lets a Magistrate proceed against a person shown to be a habitual robber, thief, housebreaker, receiver of stolen property, forger, or similarly dangerous character. Once the inquiry under the following sections is complete and the Magistrate is satisfied that security is needed, Section 117 caps the period of the bond at three years, the longest period fixed anywhere in this chapter, reflecting how much more serious a habitual offender is treated compared with a one-off suspicious person.

Since Section 110 read with Section 117 fixes the outer limit at three years for exactly this category of person, the shorter periods listed do not apply here.

So the correct answer is 3 years.