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Vandan Kumar   22 August 2023

CRPC 110 Proceeding

Hi,
Any body could pls advice in Detail on Crpc. 110: -

1. Petition and its components.
2. Whom to file in Mumbai
3. Procerding thereon.


Regards
Vandan Kumar


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 August 2023

Section 110 Cr.P.C : Security for good behaviour of habitual offenders under Section 110 CrPC. This Section is concerned with keeping habitual criminals under control when there is a possibility of repetition. It intends to incapacitate ex-convicts or habitual criminals who are dangerous and who are incorrigible.

Are  you the person involved in this petition?

Well, you can engage the services of an advocate in the local for all such assistance and to know about the procedural aspects in this regard.

Dr. J C Vashista (Advocate )     23 August 2023

You must have read provisions of Section 110 in The Code Of Criminal Procedure, 1973 which reads as;

110. Security for good behaviour from habitual offenders.

When[ an Executive Magistrate.] 1 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 );

(b) 1 the Foreign Exchange Regulation Act, 1973 ] (46 of 1973 );

(c) the Employees' Provident Funds 2 and Family Pension Fund] Act, 1952 ;-- 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 or (52 of 1962 );

(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 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.

The provision is applicable all over India, including Mumbai.

It would be better to seek guidance of your professor / tutor /coach on such academic questions.


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