Section 110 CrPC? Pending cases are not a habit.

Myth or fact?

What clients often think.

• Myth: Three FIRs on record make anyone a habitual offender.
• Fact: Mere pendency of some cases was held not sufficient for action under s.110 (1999 PCrLJ 907, Sindh High Court).

The law.

Section 110, CrPC.

“... such Magistrate may, in 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 to fix.”

Code of Criminal Procedure, 1898 · Section 110, Security for good behaviour from habitual offenders

Who it covers.

Section 110, clauses (a) to (d).

• By habit (a)A robber, house-breaker, thief or forger.
• Receiver (b)By habit, of stolen property, knowing it is stolen.
• Harbourer (c)Habitually protects thieves or helps hide stolen property.
• Other offences (d)Habitual kidnapping, extortion, cheating, mischief, and more.

And the dangerous.

Section 110, clause (f).

• The testSo desperate and dangerous that being at large without security is hazardous.
• The bondWith sureties, for up to three years.

The s.112 order.

Section 112, CrPC.

• In writingSetting out the substance of the information received.
• Its termsThe bond amount, its term, and the number, character and class of sureties.

General repute.

Section 117(4), CrPC.

• The ruleHabit or danger may be proved by evidence of general repute or otherwise.
• The inquiryInto the truth of the information, as nearly as practicable like a trial (s.117(1), (2)).

Quick quiz. The old cases.

Guess first, then swipe for the answer.

• A. Yes, three is a habit
• B. No, they can be quashed
• C. Only with sureties

Answer: B. 1999 PCrLJ 907.

Sindh High Court.

• No instanceNeither the report nor the s.112 order gave a specific instance of habit.
• Not enoughMere pendency of some cases does not attract s.110.
• The resultThe proceedings were quashed.

Interim bond.

Section 117(3), CrPC.

• WhenOnly if immediate measures are needed, for reasons in writing.
• LimitNot more onerous than the s.112 order.

Your checklist.

Three stages, in this order.

• OrderSubstance, amount, term and sureties in the s.112 order.
• InstancesSpecific acts showing habit, not a list of FIRs.
• RemedyDischarge (s.119), or quashing under s.561-A.

Habitual offender brief?

Ask FAI. It answers with the exact clause and the judgments behind it.

• Can proceedings under section 110 CrPC be quashed when only pending FIRs are listed?
• What evidence of general repute is needed under section 117(4) CrPC?

Example questions

Sources

• Code of Criminal Procedure, 1898 · Section 110
  Security for good behaviour from habitual offenders Pakistan Code