CrPC Section 124
Detailed Explanation of CrPC Section 124
Section 124 of the Code of Criminal Procedure (CrPC), 1973 empowers a District Magistrate, Sub-divisional Magistrate, or any other Executive Magistrate to take preventive action when there is a reasonable apprehension of a breach of peace or disturbance of public tranquility.
Text of Section 124 (Simplified Summary):
"When the District Magistrate, Sub-divisional Magistrate, or any Executive Magistrate is satisfied that the commission of some offense or breach of the peace is likely to take place, they may require the person who is likely to commit such offense or breach of peace to execute a bond, with or without sureties, to keep the peace and maintain good behavior for a period not exceeding six months."
Explanation:
Purpose of Section 124:
To prevent offenses and maintain public peace before they occur.
Acts as a preventive legal measure rather than punitive.
Helps in controlling law and order situations by binding persons to maintain peace.
Who Can Exercise This Power?
The District Magistrate,
The Sub-divisional Magistrate,
Or any other Executive Magistrate.
When Can This Power Be Used?
When the Magistrate has reasonable grounds to believe that a person is likely to:
Commit an offense,
Cause a breach of peace,
Or disturb public tranquility.
Nature of the Bond:
The Magistrate can require the person to execute a bond (a written undertaking).
The bond can be:
With sureties (people who guarantee the person’s good behavior),
Or without sureties.
The bond is a promise to keep peace and maintain good behavior for a period that does not exceed six months.
Consequences of Breach:
If the person fails to keep the peace or maintain good behavior during the bond period:
They can be proceeded against under the law,
May be arrested,
Or face other legal consequences as per the provisions of the CrPC and relevant laws.
Significance of Section 124:
Acts as a preventive mechanism to avoid conflicts, violence, and disturbances.
Enables authorities to act proactively rather than reactively.
Helps protect the public interest and safety.
Relation to Other Sections:
Section 124 works in tandem with Sections 106 and 107, which deal with security for good behavior and keeping the peace.
It is part of the preventive justice system under CrPC.
Practical Example:
If there are credible threats that a person may incite communal violence, the District Magistrate can require that person to enter into a bond to keep peace for six months.
If the person violates this condition, legal action can be taken immediately.
Summary:
Section 124 CrPC empowers Executive Magistrates to require persons likely to cause disturbance to execute a bond for keeping peace.
It is a preventive provision aimed at avoiding breaches of peace and maintaining public order.
The bond lasts up to six months and may be taken with or without sureties.
Violations of the bond can result in legal consequences.
RELATED Blog
0 comments