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Code of Criminal Procedure, 1973 Chapter 8

Title: Security for Keeping the Peace and for Good Behaviour

State: Central

Year: 1973

.....extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs : Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance.....

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Code of Criminal Procedure, 1973 Section 110

Title: Security for Good Behaviour from Habitual Offenders

State: Central

Year: 1973

.....abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code ( 45 of 1860 ), or under section 489 A, section 489B , section 489 C or section 489 D 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 Funds3[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 ); or 4[(h) the Foreigners Act, 1946] (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 hi s.....

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Code of Criminal Procedure, 1973 Section 373

Title: Appeal from Orders Requiring Security or Refusal to Accept or Rejecting Surety for Keeping Peace or Good Behaviour

State: Central

Year: 1973

Any person, (i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121, may appeal against such order to the Court of Session: Provided that nothing in this section, shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122.

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Code of Criminal Procedure, 1973 Section 108

Title: Security for Good Behaviour from Persons Disseminating Seditious Matters

State: Central

Year: 1973

.....to disseminate or abets the dissemination of.- (a) any matter the publication of which is punishable under section 124 A or section 153 A or section 153B or section 295 A of the Indian Penal Code ( 45 of 1860 ), or (b) any matter concerning a Judge acting or purporting to act in the discharge of hi s official duties which amounts to criminal intimidation or defamation under the Indian Penal Code. (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hi re, distributes, publicly exhibits or in any other manner puts in c irculation 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 hi s good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. ( 2 ) No proceeding shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and.....

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Code of Criminal Procedure, 1973 Section 109

Title: Security for Good Behaviour from Suspected Persons

State: Central

Year: 1973

When1[an Executive Magistrate] receive information that there is within hi s local jurisdiction a person taking precautions to conceal hi s presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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 hi s good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. ______________________ 1. Substituted by Act 63 of 1980, Section 2 for "Judicial Magistrate" w.e.f. (23-9-1980).

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Railways Act, 1989 Section 140

Title: Security for Good Behaviour in Certain Cases

State: Central

Year: 1989

(1) When a court convicting a person of an offence under section 137 or section 138 finds that he has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, order him to execute a bond with or without sureties, for such amount and for such period not exceeding three years as it deems fit. (2) An order under sub-section (1) may also be made by an appellate court or by the High Court when exercising its powers of revision.

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Karnataka Prohibition Act, 1961 Section 92

Title: Demand for Security for Good Behaviour

State: Karnataka

Year: 1961

(1) Whenever a District Magistrate, or a Magistrate of the First Class specially empowered by the State Government in this behalf, receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act, such Magistrate may 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 may direct. (2) The provisions of the Code of Criminal Procedure, 1898, shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to thereunder were a bond required to be executed under section 110 of the said Code.

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Bombay Prohibition Act, 1949, (Maharashtra) Section 93

Title: Demand of Security for Good Behaviour

State: Maharashtra

Year: 1949

(1) Whenever a1[Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receive information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act such Magistrate may 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 may direct. (2) The provisions of the Code of Criminal Procedure, 1898, (V of 1898), shall in so far as of they are applicable apply to any proceedings under Sub-section (1) as if the bond referred to therein were a bond required to be executed under Section 110 of the said code. ______________________ 1. These words were Substituted for the original by Bom. 21 of 1954, s. 3 Second Schedule.

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Sale of Goods Act, 1930 Chapter V

Title: Rights of Unpaid Seller Against the Goods

State: Central

Year: 1930

.....and available against the buyer. Section 54 - Sale not generally rescinded by lien or stoppage in transit (1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the.....

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Code of Criminal Procedure, 1973 Section 123

Title: Power to Release Persons Imprisoned for Failing to Give Security

State: Central

Year: 1973

.....case], may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. ( 3 ) An order under sub-section ( 1 ) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. ( 4 ) The State Government may prescribe the conditions upon which a conditional discharge may be made. ( 5 ) If any condition upon which any person has been discharged is, in the opinion of the1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117 , or the Chief Judicial Magistrate in any other case] by whom the order of discharge was made or of hi s successor, not fulfilled, he may cancel the same. ( 6 ) When a conditional order of discharge has been cancelled under sub-section ( 5 ), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117 , or.....

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