Question

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

• A. 6 months
• B. 1 year
• C. 2 years
• D. 3 years

Hint:

Remember the key sections in Chapter VIII of CrPC and the maximum periods: - S. 106 (By Convicting Court): For keeping the peace. Max 3 years. - S. 107 (By Executive Magistrate): For keeping the peace in other cases. Max 1 year. - S. 108 (For seditious matters): Max 1 year. - S. 109 (From suspected persons): Max 1 year. - S. 110 (From habitual offenders): Max 3 years. The longest period (3 years) is for convicted persons (S.106) and habitual offenders (S.110).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Chapter VIII of the Code of Criminal Procedure, 1973 (CrPC) contains provisions for taking security for keeping the peace and for good behaviour. These are preventive measures, not punitive. The question specifically asks about the powers of an Executive Magistrate in relation to habitual offenders.
Step 2: Detailed Explanation:
The relevant provision is Section 110 of the CrPC, which is titled "Security for good behaviour from habitual offenders."
This section empowers an Executive Magistrate to take action against persons who are, by habit, robbers, house-breakers, thieves, forgers, or who are so desperate and dangerous as to render their being at large without security hazardous to the community.
The procedure for ordering such security is laid down in the subsequent sections, starting with Section 111.
The maximum period for which security can be demanded under these provisions is specified in Section 117, which deals with the order to be made after the inquiry. This section refers back to the initial notice under Section 111. The order passed under Section 117, if based on a proceeding initiated under Section 110, can require the person to execute a bond for his good behaviour for a period not exceeding three years.
Therefore, the maximum period for which an Executive Magistrate can demand security from a habitual offender is 3 years.