CHAP. XXXVII. •

Secs. 501-502.

CODE OF CRIMINAL PROCEDURE.

757

On the appearance of the person to such warrant or on his voluntary surrender, the Magistrate shall direct the engagement of the surety to be cancelled, and shall call upon such person to give fresh security, and in default thereof shall order him to be kept in simple imprisonment.

The words peaceable conduct have been substituted for the words "personal appearance."

502. Whenever it is proved before the Magistrate that Recovery of penalty any recognizance or other bond taken from principal. under this chapter has been forfeited, he shall record the grounds of such proof, and shall call upon the person, bound by such recognizance or bond, to pay the penalty thereof, or to show cause why it should not be paid.

If sufficient cause be not shown and the penalty be not paid, the Magistrate shall proceed to recover the same by issuing a warrant for the attachment and sale of any of the moveable property belonging to the person bound by such recognizance or bond.

Such warrant may be executed within the jurisdiction of the Magistrate of the District in which it is issued; and it shall authorize the distress and sale of any moveable property belonging to the person bound without the jurisdiction of the said Magistrate, when endorsed by the Magistrate of the District in which such property is situated.

If such penalty be not paid and cannot be recovered by such attachment and sale, such person shall be liable to imprisonment by order of the Magistrate in the civil jail for a period not exceeding six months.

The penalty shall not be enforced until the person bound has had an opportunity of showing cause and until the breach of the conditions has been proved.

The commission or attempt to commit or abetment of any offence, whatever and wherever it may be committed, is a breach of the bond.

Secs. 502-503.

Proceedings under this chapter may be taken either in the district in which the breach of the peace is apprehended, or where an offence has been committed in breach of the bond, or in any district where the person it is desired to bind may be.

This section contains the spirit of the old Section 293, Act XXV of 1861, but has been somewhat altered and added to, the last three paragraphs of the section being new, and further the Magistrate is given power to authorize the distress and sale of moveable property without his District when endorsed by the Magistrate of the District in which such property is situated.

Where the terms of a bond to keep the peace are general, the recognizances may be forfeited on any breach of the peace, whether the assault be committed against the person on whose charge the bond was originally taken or not. In re Jaha Bux XV. W. R., 14.—On a Bond to keep the peace generally, the amount can be escheated if the peace is broken under any circumstances. (id. VI, B. L. R., App. 67).

A executes in District T a recognizance to keep the peace towards B. A was afterwards convicted in District S of having assaulted B in that District. Held, A had forfeited his recognizance, and the Magistrate in District T could proceed against him under this Section. Queen vs. Sham Sundur Chowdry, B.L.R., Vol. II., Part VII., p. 11, 1869.

from surety.

503. Whenever it is proved before the Magistrate that Recovery of penalty any bond with a surety has been forfeited, the Magistrate may at his discretion give notice to the surety to pay the penalty to which he has thereby become liable, or to show cause why it should not be paid.

If no sufficient cause is shown, and such penalty is not paid, the Magistrate may proceed to recover payment of the penalty from such surety in the same manner as from the principal party.

XI

. XXXVIII

. 504

CHAPTER XXXVIII.

OF SECURITY FOR GOOD BEHAVIOUR.

This Chapter contains the provisions of Chapter XIX, Act XXV of 1861. The provisions of this Chapter do not apply to European British subjects, vide section 11, ante, and section 517, post.

When Magistrate

for good behaviour for six months.

504. Whenever it appears to the Magistrate of the District, or to a Magistrate of the first may require security class, that any person is lurking within his jurisdiction, or that there is within his jurisdiction a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such Magistrate.may require such security for such person's good behaviour for a period not exceeding six months as to him may appear good and sufficient.

If in any case under this or the two following sections the Binding of sentenced person to be bound is under sentence person. for an offence, he must be brought up on or after the expiration of his sentence for

the purpose of being bound.

gistrate thinks a person

If a Sessions Judge, or Magistrate of the second or third When Sessions Judge class, considers, from evidence taken in or unauthorized Ma- any proceedings before him, that any person should be required to enter into a bond to be of good behaviour, he may send such person in custody to a competent Magistrate.

should be bound.

A Magistrate in charge of a Division of a District,

Powers of Magis trate of Division of trate of the 2nd class to

District being a Magis

inquire.

Secs. 504-505.

exercising the powers of a Magistrate of the second class, may make any inquiry necessary under this chapter, and may submit his proceedings to the Magistrate of the District who may pass such order on them, either directing the person whose character was inquired into to furnish security or not, as he thinks fit.

The three last paragraphs of this section have been added by the present Act, X of 1872.

Is lurking. This section does not apply to prisoners convicted and punished for theft, and who cannot therefore be said to be lurking within the Magistrate's jurisdiction. Queen vs. Keenee Sonur, Calcutta H. C., 15th April, 1867.

The surety for another's good behaviour under this Chapter should be required to appear in person before the Magistrate; and that officer should satisfy himself, either through the agency of the Police or otherwise, that the surety really is the man he represents himself to be. J. C. O., Circular No. 43 of 1869.

Or who has no ostensible means, etc.-A Magistrate should take evidence as to the general character of a person charged with bad livelihood, and not convict him on the report of a Police Officer, which is not evidence except against the officer making it. (Extract para. 3, letter No. 629, from S. J., Rajshaye, at p. 2, Vol. V, W. R., C. R.), and sections 505, 506, and 515 speak of evidence adduced before a Magistrate.

May require such security.-Security cannot be demanded under this Chapter "in addition to" a specific punishment passed upon a prisoner. That is to say, a man sentenced to one year's imprisonment for housebreaking cannot legally be called on to furnish security for his good behaviour at the expiration of the sentence. It will, of course, be understood that the above instructions do not apply to recognizances, or security for keeping the peace from persons who have been convicted of rioting, assault, or other breach of the peace, under Chapter XXXVII of this Code. Circular 43, 1864, Judicial Commissioner, Oudh.

505. Whenever it appears to such Magistrate from the evidence as to general character adduced When Magistrate may require security before him, that any person is by repute a robber, house-breaker, or thief, or a receiver of stolen property, knowing the same to

for good behaviour for one year.

have been stolen,

Or of notoriously bad livelihood, or is a dangerous character,

Such Magistrate may require similar security for the good behaviour of such person for a period not exceeding one year.

That such person is by repute a robber, etc.—Where a person is adjudicated to be a person of notorious bad character under this section, after having been tried for dacoity, the evidence taken in the trial for dacoity should not be used against the accused with reference to the accusation under this section, which evidence should be taken independently. Rogoni Kant Bhormoick, Petitioner, XIII W. R. 18.

In re Alum Sheikh. A Magistrate cannot require security for good behaviour simply on the report of a Police Officer, such report not being evidence. H. C., Calcutta, January, 1866.

If it be proved that any one is one of the persons described in this section, the Magistrate should demand security for one year, at the end of which he may proceed under the following Section (506). W. R., Cr. Letter No. 1120, of December, 1864.

The words or is a dangerous character have been added to this section. by the present enactment, Act X of 1872.

Procedure where se

506. Whenever it appears to such Magistrate from the evidence as to general character adduced curity required for before him, that any person is by habit a robber, house-breaker, or thief,

more than one year,

Or a receiver of stolen property, knowing the same to have been stolen. Or of a character so desperate and dangerous as to render his release, without security, at the expiration of the limited period of one year, hazardous to the community, he shall record his opinion to that effect, with an order specifying the amount of security which should, in his judgment, be required from such person, as well as the number, character, and class of sureties, and the period, not exceeding three years, for which the sureties should be responsible for such person's good behaviour, and if such person does not comply with the order, the Magistrate shall issue a warrant directing his detention pending the orders of the Court of Session.