# Section 110 CrPC? Pending cases are not a habit.

> Section 110 CrPC lets a Magistrate require a bond with sureties for good behaviour, up to three years, from habitual offenders. In 1999 PCrLJ 907 the Sindh High Court held that mere pendency of some cases is not enough, and quashed the proceedings.

- Topic: Courts and procedure
- For: Advocates
- A 13-slide carousel: https://failegal.site/media/section-110-crpc-pending-cases-are-not-a-habit
- Published by FAI Legal on 2026-10-22

## 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)

## 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 test** So desperate and dangerous that being at large without security is hazardous.
- **The bond** With sureties, for up to three years.

## The s.112 order.

Section 112, CrPC.

- **In writing** Setting out the substance of the information received.
- **Its terms** The bond amount, its term, and the number, character and class of sureties.

## General repute.

Section 117(4), CrPC.

- **The rule** Habit or danger may be proved by evidence of general repute or otherwise.
- **The inquiry** Into 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 instance** Neither the report nor the s.112 order gave a specific instance of habit.
- **Not enough** Mere pendency of some cases does not attract s.110.
- **The result** The proceedings were quashed.

## Interim bond.

Section 117(3), CrPC.

- **When** Only if immediate measures are needed, for reasons in writing.
- **Limit** Not more onerous than the s.112 order.

## Your checklist.

Three stages, in this order.

- **Order** Substance, amount, term and sureties in the s.112 order.
- **Instances** Specific acts showing habit, not a list of FIRs.
- **Remedy** Discharge (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?**

## Sources

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

---

Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.