Text of Section 140:
- Court’s Power to Order Security for Good Behaviour:
- When a court convicting a person of an offence under Section 137 or Section 138 finds that the person has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to require the person to execute a bond for good behaviour, the court may, at the time of passing the sentence, order the person to execute a bond with or without sureties.
- The bond amount and duration of the bond shall not exceed three years, as the court deems fit.
- Power of Appellate or Revisional Court:
- An order under sub-section (1) may also be made by an appellate court or by the High Court when exercising its powers of revision.
Detailed Explanation:
Section 140 of the Railways Act, 1989 grants courts the power to order a person convicted of offences under Section 137 (fraudulently travelling or attempting to travel without a proper pass or ticket) or Section 138 (levy of excess charge and fare for travelling without proper pass or ticket or beyond the authorised distance) to provide security for good behaviour.
Key Provisions:
- Court’s Authority to Demand Bond:
- Habitual Offender: If a person is found to have been habitually committing the offence outlined in Sections 137 or 138, the court has the discretion to require the person to execute a bond for good behaviour. This bond serves as a guarantee that the individual will not commit the same or similar offences in the future.
- Duration and Amount of Bond: The court may decide the amount and duration of the bond, but the duration must not exceed three years. The bond may be with or without sureties, depending on the court’s assessment of the case.
- Appellate and Revisional Courts:
- Not only the trial court but also appellate courts or the High Court, when exercising its revisional powers, can impose the same bond requirement. This allows for continuity in the enforcement of good behaviour conditions if the conviction is appealed or revised.
Practical Impact and Interpretation:
- Preventing Recidivism: This section helps prevent individuals from repeatedly committing offences related to fare evasion or fraudulent travel. By mandating a bond for good behaviour, the court seeks to deter future unlawful actions.
- Flexibility in Enforcement: The court has the discretion to tailor the bond conditions (amount and duration) based on the offender’s history and the nature of the offence, allowing for a more flexible and context-sensitive approach.
- Role of Higher Courts: The inclusion of appellate and revisional courts in imposing the bond requirement ensures that the decision is not limited to the initial trial but can be reconsidered and enforced at different levels of the judicial process.
Legal and Ethical Implications:
- Rights of the Convicted Person: The requirement to execute a bond for good behaviour could be seen as a form of preventive measure, ensuring that individuals do not continue committing offences. However, it is essential that such bonds are imposed fairly and in accordance with the principles of natural justice.
- Effectiveness in Deterrence: The imposition of a bond may serve as an effective deterrent, not just by penalising the person but by holding them accountable for their future conduct, preventing the likelihood of repeated offences.
Conclusion:
Section 140 of the Railways Act, 1989 empowers the court to order a convicted individual to execute a bond for good behaviour if they are found to be habitually committing offences under Sections 137 or 138. This serves as a preventive measure aimed at deterring recidivism and ensuring the person refrains from committing similar offences in the future. The provision also allows appellate and revisional courts to impose the same condition, ensuring that the judicial process can address habitual offenders at all stages.
