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Section 108 — Security for good behaviour from persons disseminating seditious matters
108
108
Security for good behaviour from persons disseminating seditious matters
Code of Criminal Procedure, 1973
Chapter VIII Security for Keeping The Peace and for Good Behaviour
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Hate SpeechPublic OrderModerate
🗣️ Simple Explanation
What does this law say? Section 108 of the CrPC allows a Magistrate to make a person promise to behave well if they are spreading harmful or seditious content. This includes things that could cause hatred or violence.
Why does this law exist? It aims to prevent the spread of dangerous ideas that could disrupt public order. It protects society from harmful speech.
Real-life impact If you share content that promotes violence or hatred, the Magistrate might ask you to sign a bond. This bond requires you to promise to stop spreading such content. If you break this promise, you could face legal consequences.
What happens if you break this law? If you break the bond, you could be arrested and face more serious charges. The police can arrest you without a warrant if they believe you have broken the bond.
⚖️ Punishment

Imprisonment up to one year, or fine, or both.

💡 Real Life Example

Rahul was sharing posts online that promoted violence against a particular community. The Magistrate ordered him to sign a bond. If Rahul continues to share such content, he will face legal action.

Priya was found to be selling books that contained hate speech. The Magistrate asked her to sign a bond. If Priya continues to sell such books, she could face arrest.

🛡️ KNOW YOUR RIGHTS
  • •Know what content is considered harmful.
  • •Get legal advice if you are accused of spreading harmful content.
  • •Present your side of the story to the Magistrate.
  • •Challenge the Magistrate's order if you think it's unfair.
  • •Contact a lawyer immediately if you are accused of breaking the bond.
❓ FREQUENTLY ASKED QUESTIONS
Section 108 of the CrPC allows a Magistrate to take action against people who spread harmful or seditious content. If someone is spreading content that could cause hatred or violence, the Magistrate can order them to sign a bond. This bond is a promise to behave well and not spread such content. It aims to protect public order.
The punishment under Section 108 isn't a direct jail sentence for the content itself. It's about breaking the bond. If you break the bond, you could be arrested and face more serious charges. The police can arrest you without a warrant if they believe you have broken the bond conditions. The Magistrate will decide the consequences.
Whether Section 108 is bailable depends on the specific situation. If the original reason for the bond is bailable, the violation might also be bailable. However, the court has the final say. You should consult with a lawyer to understand your rights and options. A lawyer can help you navigate the legal process.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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