Chapter VIII CrPC Provisions Not To Be Used As 'Vehicle For Punishment' ; Demand Of Excessive Amount Of Security/Bond Impermissible: Supreme Court

The Supreme Court observed that the provisions of Chapter VIII of the Code of Criminal Procedure are merely preventive in nature and are not to be used as a 'vehicle for punishment'.The demand of excessive and arbitrary amount of security/bond is impermissible as it stultifies the spirit of Chapter VIII of the Code, the bench of Justices Dinesh Maheshwari and Sudhanshu Dhulia said.Chapter. Chapter VIII CrPC Chapter VIII of CrPC, that ranges from Section 106 to Section 124, empowers Magistrates to take security from a particular person for keeping peace or for maintaining good behaviour. For Respondent Mr. Vishwa Pal Singh, AOR Headnotes Code of Criminal Procedure, 1973 ; Chapter VIII ; Section 107,117 - The provisions of Chapter VIII are merely preventive in nature and are not to be used as a vehicle for punishment - The object of furnishing security and/or executing a bond under Chapter VIII is not to augment the state exchequer but to avoid any possible breach of peace for maintaining public peace and tranquillity - The Magistrate while ordering security under Section 117 has to take into consideration the status and position of the person to decide the quantum of security/bond; and cannot alter the purpose of the provisions from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay. Code of Criminal Procedure, 1973 ; Section 446 - Discretionary power to the Court to remit any portion of the penalty mentioned and enforce payment in part only, after recording its reasons for doing so - Even when a person fails to show sufficient cause as to forfeiture of the bond amount, the Court is not bound to direct payment or recovery of the entire bond amount.