THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
B. Security for keeping the peace in other cases
and security for Good Behaviour.
107. Security for keeping the peace in other cases. (1) Whenever [1][the
Magistrate of first class] is informed that any person is likely to commit a
breach of the peace or disturb the public tranquillity or to do any wrongful
act that may probably occasion a breach of the peace, or disturb the public
tranquility, the Magistrate if in his opinion there is sufficient ground for
proceeding may in manner hereinafter provided, require such person to
show-cause why he should not be ordered, to execute a bond, with or without
sureties, for keeping the peace for such period not exceeding [2][three
years] as the Magistrate thinks fit to fix.
(2) Proceedings shall not be
taken under this section unless either the person informed against or the place
where the breach of the peace or disturbance is apprehended, is within the
local limits of such Magistrate’s jurisdiction, and no proceedings shall be
taken before any Magistrate, [3][except
with the approval of Sessions Judge], unless both the persons informed against
and the place where the breach of the peace or disturbance is apprehended, are
within the local limits of the Magistrate’s jurisdiction.
(3) Procedure of Magistrate not empowered to act under sub-section (1). When any Magistrate not empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after recording his reason, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with the case, together with a copy of his reasons.
(4) A Magistrate before whom a
person is sent under [4][sub-section
(3)] may in his discretion detain such person in custody [5][pending
further action by himself under this Chapter.]
[1]. Subs.
for the words “a District Magistrate .. first class” by Ord., XXXVII of 2001,
[PLJ 2001 Fed.
[2]. Subs.
by Law Reforms Ordinance, 1972, Item 42(ii). ibid.
[3]. Subs.
for the words “other than a District Magistrate” by Ord., XXXVII of 2001, [PLJ
2001 Fed.
[4]. Subs.
by, Cr.P.C. (Amendment) Act, 1923, Section 16 for “this section”.
[5]. Subs.
by ibid for “until the completion of
the inquiry hereinafter prescribed”.