CrPC Section 107

Section 107 of the Code of Criminal Procedure (CrPC), India

Section 107: Security for keeping the peace

Text Summary:

Section 107 empowers an Executive Magistrate to take preventive action when there's information that a person is likely to commit a breach of the peace or disturb public tranquility.

Detailed Explanation:

Who can act?

An Executive Magistrate who receives information (from police or others) that a person is likely to:

Commit a breach of the peace, or

Disturb public tranquility, or

Do any wrongful act that may lead to a disturbance.

What can the Magistrate do?

Require that person to show cause why they should not be ordered to execute a bond (with or without sureties) for keeping the peace.

The bond can be for a period up to 1 year.

Legal Process:

The person is issued a notice to appear.

A preliminary inquiry is conducted (as per Section 111).

If the Magistrate is satisfied, the person is required to furnish a bond.

Purpose:

This is a preventive measure, not punitive.

Used to maintain law and order and prevent possible future crimes.

Example:

If a group of individuals is known to create communal tensions during festivals, the Magistrate can act under Section 107 to require them to give a bond promising good behavior, thus preventing violence before it happens.

 

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