Whereas an order can be passed under S. 106 only when a person is convicted, S. 107 deals with apprehension of a future imminent breach of the peace, whether or not there has been any previous conviction against such a person. S. 107, therefore, provides that if an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility, or do any wrongful act which might occasion a breach of the peace or disturb public tranquility, he may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace, for such period as the Magistrate thinks fit, not however, exceeding a period of one year.
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Thus, whereas S. 106 (considered earlier) applies when the conviction of a person for his past conduct leads to an apprehension for the future, S. 107 applies when the Magistrate is of the opinion that, unless prevented from so acting, a person is likely to act the detriment of public peace and public tranquillity. Thus, S. 107 is not intended for the punishment of past offences, but for the prevention of acts that may amount to, or lead to, a breach of the peace in the future.
ADVERTISEMENTS:
The Madras High Court has rightly pointed out that information regarding past acts alone would not be enough to justify an order requiring a person to show cause why he should not be directed to furnish security for keeping the peace. Something more is necessary, namely, the likelihood of the commission, in the near future, of a breach of the peace or a wrongful act which is likely to lead to a breach of the peace. (Maruthapali Goondar, A.I.R. 1937 Mad. 356)
It has been held that the following are not wrongful acts under S. 107, namely:
(a) The singing of ballads in the open streets, although it may lead to an obstruction in the street by crowds collecting to hear the ballads;
(b) The opening of a cattle market by certain persons on their own land, not far from an existing cattle market;
ADVERTISEMENTS:
(c) Mere use of idle threats;
(d) Drawing water from a public well by chamars in spite of opposition from others;
(e) Use of the word ‘Amen’ in a loud voice in prayer in a mosque.
Difference between S. 106 and S. 107:
S. 106 deals with an order for security for keeping the peace, which may be passed when a person has been convicted of an offence involving breach of the peace. Thus, the basis of S. 106 is the conviction. S. 107, on the other hand, deals with apprehension of a future imminent breach of the peace, whether there has been any previous conviction against the party proceeded against or not.
ADVERTISEMENTS:
Secondly, the period of the bond under S. 106 is upto three years, whereas under S. 107, the corresponding period is one year.
Specimen Form:
The following is a specimen form of a bond to keep the peace:
Whereas I (name), inhabitant of (place), have been called upon to enter into a bond to keep the peace for the term of one year, I hereby, bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of Rupees Ten Thousand. Dated this 1st day of April 20
(Signature)
