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Bond of Good Behaviour for Section 471 IPC - The courts generally require the accused to file an undertaking before the trial court that they shall maintain peace and good behaviour for a specified period, often ranging from one to two years. This undertaking is a prerequisite for releasing the accused on probation or bond, serving as a guarantee to prevent future offences and ensure good conduct during the specified period. For example, The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year ["SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI) - Delhi"], ["SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI) - Delhi"], ["SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI) - Delhi"] 2020_DHC_1223.
Conditions for Probation and Bond - Courts often require the accused to enter into a personal bond with sureties, specifying the amount (e.g., Rs. 25,000 or Rs. 50,000) and a period (commonly one or two years) during which they must maintain good behaviour and keep the peace. The bond acts as a formal assurance that the accused will adhere to the terms, including appearing when called and not engaging in further offences. For instance, The accused shall enter into a personal bond of Rs. 100 with two sureties of Rs. 100 each, and undertake to keep peace and be of good behaviour for one year ["00500037624"], The petitioner is directed to be released on probation, on his entering into a bond for Rs. 25,000/- with one surety ["Basavantappa @ Basavant VS State by Police Sub-Inspector - Crimes"].
Legal Framework and Court Practice - Under Section 4 of the Probation of Offenders Act, 1958, courts have the authority to release offenders on probation upon furnishing bonds and undertaking good conduct for a specified period. The courts emphasize the importance of the accused's character, previous conduct, and the nature of the offence (e.g., forgery under Section 471 IPC) when granting bonds and setting conditions. Power of court to release certain offenders on probation of good conduct ["Kailash Chandra Nai S/o Shri Mohanlal Ji Nai vs State of Rajasthan - Rajasthan"], The court affirmed the conviction of the applicant and also confirmed the order placing the applicant on probation for a period of one year and to execute a personal bond ["Ram Pratap Singh VS Amar Nath Singh - Crimes"].
Main Points and Insights - The requirement of filing an undertaking to maintain good behaviour and the execution of bonds with sureties are standard procedures to ensure that individuals convicted under Section 471 IPC do not re-offend during the probation period. The period typically ranges from one to two years, depending on the case, and is aimed at rehabilitation rather than punishment. The courts also consider whether the offence involved forgery or fabrication of documents, with the basic ingredient being the act of forgery itself. When the offence does not involve death or life imprisonment, courts are more inclined to grant bonds and probation, especially if the offender has no prior criminal record.
References:- ["SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI) - Delhi"]- ["SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI) - Delhi"]- ["Kailash Chandra Nai S/o Shri Mohanlal Ji Nai vs State of Rajasthan - Rajasthan"]- ["Ram Pratap Singh VS Amar Nath Singh - Crimes"]- ["Basavantappa @ Basavant VS State by Police Sub-Inspector - Crimes"]
In the realm of Indian criminal law, Section 471 of the Indian Penal Code (IPC) addresses the serious offense of using a forged document as genuine. Accused individuals often wonder: What is a bond of good behaviour for Section 471 PC? Is it a mandatory requirement, or does it depend on judicial discretion? This blog post dives deep into the legal nuances, drawing from key judgments and statutory provisions to provide clarity.
While there's no explicit statutory mandate under Section 471 IPC for such a bond, courts frequently impose conditions like personal bonds or undertakings for good behaviour when granting leniency, probation, or sentence reductions. This practice aligns with broader principles of rehabilitation and mercy, especially under the Probation of Offenders Act, 1958. Let's break it down step by step.
Section 471 IPC punishes the fraudulent use of forged documents, with penalties up to seven years' imprisonment and a fine. However, sentencing isn't rigid. Courts assess factors like the accused's age, conduct, remorse, time already served, and societal risk before deciding on punishment.
The bond of good behaviour typically emerges as a condition during probation or conditional release. It requires the accused to furnish a personal bond (with or without sureties) promising to maintain peace and good conduct for a specified period, often 1-3 years. This isn't unique to Section 471 but is commonly applied in forgery-related convictions. Hans Raj @ Hans Raj Singh VS State of Rajasthan - 2023 0 Supreme(Raj) 2268Shriniwas Pandit Dharamadhikari: Shaikh Noor Mohamad Shaikh Fazal: Bhausaheb Kalu Patil VS State Of Maharashtra - 1980 0 Supreme(SC) 380
For instance, courts have directed: the accused furnish a personal bond and keep good behaviour. Hans Raj @ Hans Raj Singh VS State of Rajasthan - 2023 0 Supreme(Raj) 2268 This reflects discretionary power rather than a fixed rule.
Indian courts wield significant discretion under the Code of Criminal Procedure (CrPC) and Probation of Offenders Act to opt for probation over imprisonment, particularly for first-time offenders or those with mitigating circumstances.
Additional cases reinforce this:- The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. This was linked to a Section 471 IPC conviction where sentences ran concurrently with set-off benefits under Section 428 CrPC. SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI)SH. JITENDER KUMAR vs STATE (GOVT. OF NCT OF DELHI)- Under Section 4 of the Probation of Offenders Act, the petitioner furnished a personal bond in the sum of Rs.50,000/- and two sureties to maintain peace and good behaviour for two years. Mangi Lal VS State - 2022 Supreme(Raj) 505
These examples show bonds are tools for ensuring compliance post-conviction, not automatic under Section 471.
The Probation of Offenders Act, 1958, empowers courts to release offenders on probation instead of jail time, especially for offenses punishable by up to seven years (like Section 471). Section 4 allows release on a bond with sureties to keep the peace and be of good behaviour.
Exact quote: The accused in such an event enters into a bond with or without sureties to appear and receive sentence when called upon during such period not exceeding three years as the court may direct and, in the meantime, to keep the peace and be of good behaviour. SH. JITENDER KUMAR Vs STATE (GOVT. OF NCT OF DELHI) - 2020 Supreme(Online)(DEL) 1238Jitender Kumar vs State (Govt. of NCT of Delhi)
Courts typically consider:- Age and health: Elderly or ailing accused often get leniency. Hans Raj @ Hans Raj Singh VS State of Rajasthan - 2023 0 Supreme(Raj) 2268- Time served: Sentence reduced to period undergone. Shriniwas Pandit Dharamadhikari: Shaikh Noor Mohamad Shaikh Fazal: Bhausaheb Kalu Patil VS State Of Maharashtra - 1980 0 Supreme(SC) 380- Conduct and antecedents: No prior cases favor probation. Mangi Lal VS State - 2022 Supreme(Raj) 505- Nature of offense: Unsuccessful forgery or low societal harm. AMARJIT SINGH AND OORS vs STATE OF PUNJAB
However, exceptions exist:- Serious repeat offenses or high risk may lead to stricter sentences without bonds.- Bonds under CrPC Section 110 (for habitual offenders) differ from probationary ones and involve separate breach procedures under Section 122. Durkairaj VS Sub Divisional Magistrate Cum The Revenue Divisional Officer, Dindigul - 2022 Supreme(Mad) 1656Vadivel @ Mettai Vadivel VS State, Rep. by The Inspector of Police - 2018 Supreme(Mad) 2774
Quote: upon his furnishing a personal bond in the sum of Rs.50,000/-and two sureties in the sum of Rs.25,000/-each to the satisfaction of the learned trial court with a further undertaking that he shall maintain peace and good behaviour for a period of two years. Mangi Lal VS State - 2022 Supreme(Raj) 505
Disclaimer: This post provides general information based on judicial trends and is not legal advice. Outcomes depend on individual facts; always seek professional counsel.
In summary, while Section 471 IPC focuses on punishment, judicial mercy through bonds of good behaviour offers a rehabilitative path. Stay informed and compliant to navigate these provisions effectively.
#Section471IPC, #GoodBehaviourBond, #IPCProbation
The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. ... The petitioner was also sentenced to undergo RI for two years for the offence under Section 471 IPC. The sentences were directed to run concurrently and the petitioner was granted benefit of Section 428 Cr.P.C. 3. ... The petitioner’s conviction under Section 468/471 and 420/511 IPC is upheld. 10. An applicatio....
The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. ... The petitioner was also sentenced to undergo RI for two years for the offence under Section 471 IPC. The sentences were directed to run concurrently and the petitioner was granted benefit of Section 428 Cr.P.C. 3. ... The petitioner’s conviction under Section 468/471 and 420/511 IPC is upheld. 10. An applicatio....
The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. ... The petitioner was also sentenced to undergo RI for two years for the offence under Section 471 IPC. The sentences were directed to run concurrently and the petitioner was granted benefit of Section 428 Cr.P.C. 3. ... The petitioner’s conviction under Section 468/471 and 420/511 IPC is upheld. 10. An applicatio....
, under Section 4 of the Act, upon his furnishing a personal bond in the sum of Rs.50,000/-and two sureties in the sum of Rs.25,000/-each to the satisfaction of the learned trial court with a further undertaking that he shall maintain peace and good behaviour for a period of two years and shall not repeat ... The offence under Section 420 IPC, as per the Indian Penal Code, is punishable with imprisonment for a term which may extend to seven years imprisonment; and imprisonment for the offence under #HL_....
471 IPC, as prescribed under Section 465 Section 401 Cr.P.C. ... behaviour for a period of two years and shall not repeat the offence. ... behaviour: Provided that the court shall not direct such release of an to undergo six month’s S.I. and a fine of Rs.1,000/-, in default of p style="position:absolute;white-space
Section 4 of the Probation of Offenders Act, 1958 (hereinafter to be referred as ‘the Act’), which reads as under - “4. Power of court to release certain offenders on probation of good conduct. ... in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.
The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. ... The accused in such an event enters into a bond with or without sureties to appear and receive sentence when called upon during such period not exceeding three years as the court may direct and, in the meantime, to keep the peace and be of good behaviour. xxx xxx xxx p class="sub_para" left_margin ... The petitioner was sentenced to RI for two years for the offence ....
The accused in such an event enters into a bond with or without sureties to appear and receive sentence when called upon during such period not exceeding three years as the court may direct and, in the meantime, to keep the peace and be of good behaviour. ... The petitioner shall file an undertaking before the trial court that he shall keep peace, and good behaviour for a period of one year. ... The petitioner was sentenced to RI for two years for the offence under Section 468 IPC and ....
Raghbir Singh under Section 471 read with Section 120- B IPC to undergo RI for one year and ... behaviour and shall not indulge in the Raghbir Singh under Section 420 read with Section 120- Raghbir Singh under Section 468 read with Section 120- B IPC to undergo RI for one year and ... and one surety bond each to the satisfaction of the learned Trial Court for two years.
465 IPC and fine of Rs.1000/-, to undergo RI for a period of one year under Section 471 IPC and fine of Rs. ... behaviour. ... 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing his personal bond and undertaking with one surety to the satisfaction of the affirming the conviction of the petitioner for offences under Sections 419, 465, 471
This means that the person will have to face a regular trial in a criminal Court for the act which gave rise to the brach of the bond for good behaviour. There is yet another reason as to why the Parliament did not include breach of a good behaviour bond in Section 122(1)(b) Cr.P.C., Section 120 Cr.P.C., states what amounts to breach of a bond. It states that commission or attempt to commit or the abetment of any offence punishable with imprisonment, would amount to breach of a bond for food behaviour.
4. G.O.Ms.No.659 and G.O.Ms.No.181 limit the powers exercisable by Deputy Commissioners of Police to sections 108 to 110 and do not clothe them with the powers under section 122 Cr.P.C. 2. When the proceedings under sections 107 to 110 Cr.P.C are judicial in nature, the bar under the proviso to section 6 of the District Polic Act, 1859 follows suit, thereby disentitling the khaki personnel from exercising judicial functions, 5. There is no material to show that an inquiry under section 116 Cr.P.C was conducted by the DCP-cum-EM before passing an order under section 117 Cr.P.C. 3. A....
The next seminal question that arises for consideration is whether Section 122(1)(b) Cr.P.C. would include a bond taken for good behaviour under Section 110 Cr.P.C. This issue has been considered by Brother V. Parthiban, J. in Vadivel @ Mettai Vadivel, [Crl. Rev.Case Nos.982 of 2018 etc. batch decided on 24.11.2018], wherein, it has been held that non-inclusion of the bond for good behaviour is a casus omissus.
If the proceedings are initiated under Section 107, a bond is ordered to be executed for keeping the peace in Form No.12 and if the proceedings are initiated under Section 110, a bond for maintaining good behaviour has to be executed in Form No.13. Therefore, it is made clear that Section 122 (1)(b) is not attracted when the bond was executed for maintaining good behaviour. It is left to the Parliament or Legislature concerned to fill up the gap, if necessary. Therefore, Section 117 makes it clear that the bond for keeping the peace is distinct and differe....
There is no other case shown to be pending against the Appellant. His bail bond and surety bond will continue for a period of three months in terms of Section 437A Cr PC.
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