The executive magistrates are empowered to obtain bonds or security for keeping peace or maintaining good behaviour under Sections 107, 108, 109 and 110 of the CrPC.  Section 107 of Criminal Procedure Code reads as follows:

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner here in after provided, 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, not exceeding one year, as the Magistrate thinks fit;

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(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.

Information is the crux in this section. Therefore utmost care should be taken in the preliminary enquiry and while ascertaining the information whether necessary and sufficient ground to initiate proceeding under this section. The information should be such that any person is particularly likely to commit a breach of the peace or disturb the society or public’s tranquility or to commit any wrongful act that may probably in some occasion breach the peace or disturb the society or public’s tranquility.

After receiving the information and before initiating the proceeding under this section right to be heard is given to such person to show cause for not to take action under this section. If the executive magistrate thinks fit he can proceed with ordering to execute bond for a period not more than one year. Any period less than 1 year can be given.

The question arise here is after the expiry of one year of bond whether the executive magistrate is competent to order a fresh bond period again for a period not more than one year. This issue was dealt by the honourable Supreme Court in Mithya and Ors. Vs. State Of Rajasthan And Ors. (1987 (1) WLN 343). The Court in this case said that the ceiling period under Section 107 may be for any time lesser than one year but not more than that. The following para of the case is extracted below for bringing clarity in this regard:-

“ 19. It may be mentioned that Section 107, Cr. P.C. provider the power to the Magistrate to secure such bonds and bound down the persons for keeping peace for such period which should not be more than one year.

20. In my opinion this one year should commence from the date of the satisfaction when the Magistrate takes cognizance and commences the proceedings under Section 107 Cr. P.C. and this one year which is maximum cannot be and should not be from the date of service of warrant or notice, nor it can be from date of first appearance of the accused. Of course, it is for the Magistrate concerned to satisfy himself at the stage when he starts proceedings under Section 107 Cr. P.C. whether he should issue notice to show cause for execution of the bond for one year or for lesser period, because Clause (1) of Section 107 Cr. P.C. permits such discretion depending upon the information......

24. The provision of preventive action under Section 107 Cr. P.C. and subsequent sections is to be used only for the purpose of preventing breach of peace or tranquility and that too for a limited period because it cannot be dragged like the criminal trials for substantive offences. The very object of this section is frustrated if the enquiry is not completed and the order is not passed within this period, of six months as the preventive action cannot be for a period of more than one year, the starting point being date of taking cognizance by Magistrate. Yet another fact of this discussion and debate is that if the preventive action is for a particular period and if during that period nothing happens then the objective is served and if something happens then the punishment is to be given for the offence which has been committed.

29. It is however made clear that in case the Magistrate concerned receives fresh information or supplementary information on account of which he has apprehension of breach of peace then he would be at liberty to start proceedings afresh Under Section 107 Cr. P.C. even after the order of discharge in the pending cases. However such cases should be far and few between, and should be rare of the rarest cases. It must be ensured that under that garb the earlier proceedings should not be continued to harass the non-applicants for personal vendetta, for indefinite period. It should be remembered by the Magistrate concerned that the legal proceedings and the power which have been given for preventive action normally should be used in a manner that there should not be scope for the impression that they are being used for personal vendetta, or exhibiting power of the Magistrate or Police. A copy of this judgment should be circulated amongst all Magistrates of the State of Rajasthan. Copies must be sent to the District Magistrate throughout Rajasthan to ensure the enforcement of this order immediately, by the Home Commissioner, as Section 107 Cr. P.C. proceedings are generally under the domain of Executive Magistrate in Rajasthan.” 

This decision clearly states that a Magistrate concerned have liberty to start proceedings afresh under Section 107 Cr. P.C. only if he receives fresh information or supplementary information on account of which such person has apprehension of breach of peace.

Simply put, Section 107 of the Criminal Procedure Code states that the executive magistrate has the power to apprehend any individual for not more than a year on information that a person is likely to disturb peace and public tranquility.