Security for Keeping Peace - CRPC 107
Date : 23 Aug, 2021
Post By Bhupender Tanwar
In situations when an Executive Magistrate goes on to receive particular information that any person is particularly likely to commit a breach of the peace or disturb the society or public’s tranquility or to commit any wrongful act that may probably in some occasion breach of the peace or disturb the society or public’s tranquility and also holds the opinion that in situations where there is enough ground for proceeding, he may, in the manner provide, which requires such person to show the cause to why he shouldn’t be ordered to execute a particular bond, with or without any sureties], to keep the peace for any such period, which does not exceed one year. In this particular section, the proceedings can be taken under any Magistrate when that particular place where thia certain breach of the peace or any particular disturbance which is to be further apprehended within his local jurisdiction and this is within the jurisdiction, a person is there who is very likely to commit the wrongful act of a particular breach of the peace or to disturb the society or public’s tranquillity or to do the same wrongful act beyond the established jurisdiction. Is CrPC 107 bailable? The most frequently used pieces of legislation to prevent arrests that were preventive by the law enforcement include Section 107 and 151 of the Code of Criminal Procedure, 1973. Bailable Offences are those Offences that can be granted bail, and is purely a matter of right, where the arrested person is released after the bail is granted and since this particular section of the Code of Criminal Procedure is primarily about saving the inherent power vested upon the High Court, it is not talking of an offence, hence cannot primarily be categorized as bailable or non-bailable. What is the punishment for CrPC 107 Case? This particular section of the Code of Criminal Procedure is primarily about saving the inherent power vested upon the High Court, it is not talking of an offence, hence cannot primarily be categorized to have a particular punishment. Consult the best lawyer online Is CrPC 107 a cognizable offence or a non-cognizable offence? Any Cognizable offence is an offence in particular in which, a police officer under or in accordance with the law has got the provision to arrest without a warrant, while a non-cognizable offence is an offence wherein, the police officer is responsible for that case and will have no authority to arrest the person involved without a warrant. But since this particular section of the Code of Criminal Procedure is primarily about providing security to keep and secure the peace in cases it does not specifically talk of an offence, hence cannot primarily be categorized as bailable or non-bailable.
Any famous judgment w.r.t CrPC 107 if any? Krishnamurthy vs The Sub Divisional Magistrate: In this case the circumstances in particular that were taken and presented under the Division Bench and also came to be constituted to deciding the issues that were rising with this particular reference and primarily required to be recapitulated and for that very purpose it is necessary to briefly state all the facts of the case.
The case was established in a division of two groups, being categorized as party A and party B, and they lodged complaints against each other before the Inspector of Police and based on the filed complaint, there were inquiries that were conducted. In the opinion of Party A, the land in this case measures up to about 1.38 acres belongs to him and that the members of party B and that they are contending this same land belongs that they believe particularly belongs to Bharathamatha Temple and they also went on to assert that it was their right to hold the Mahabaratham festival. Police in this case apprehending the registered FIR and went on to further forward the report to the Executive Magistrate to initiate the proceedings for a case which is given under Section 107 CrPC and based on this very report which was submitted by the police, the Magistrate and Revenue Officer, and it was passed and given in Section 111 CrPC, to call upon every member of Party A especially to establish cause, either through an Advocate or in person, as to why they should not be directed to give a bond of about Rs. 10000 for a time period of about six months. To be able to put all that doubt that primarily just hovers and Governor-General of India went on to pass the Presidency Magistrates' Act of 1877. Section 215 with Section 491 of the Code. Thus the Act IV of 1877 had further enabled the Magistrate to call upon a person to establish the cause in such cases where breaches of peace were apprehended in prior, within the set territorial limits of the neighboring Presidency Towns. In subsequence of this, the Legislature repealed the 1872 Code and the Presidency Magistrates' Act and enacted a particular code called the "Code of Criminal Procedure, 1882. In this case, Section 107 of 1882 became the incarnation of Section 491 of 1872, which relates to keeping the security for keeping the peace. Section 107, of which is to the Code of Criminal Procedure, and it was further amplified that: Which is to do any wrongful act that may probably be an occasion, a breach of the peace, and disturb the public tranquillity. Section 107, of the Code of Criminal Procedure, and further shows that the very power to start proceedings that develop on the Magistrate when he receives precise information - "That any person at all is very likely to commit a certain breach of peace. The expressions that are important are the description of any person and likely. The section that further says nothing but that such a person must be a previous offender or a suspect. Even a lone wolf can create a breach of peace. This Section does not go on to think that a breach of peace, should have been made clear earlier that only is in order to completely prevent a breach of peace and that they can have the Magistrate start the proceedings under Section 107 and a certain breach of peace has clearly occurred, the Indian Penal Code will apply and those particular responsibilities for it will accordingly be brought to definite justice. Section 107 is not a requirement to take more care of it. It will lead to results that are unexpected, that is in a situation where a condition that does not exist in the Section is forcibly read into it, more the reason for it be likely of a breach of peace, by itself, it is enough for the Magistrate to start proceedings under Section 107 of Cr.P.C. Just to emphasize and say that a Magistrate should have to wait for the breach of peace to occur and also he can proceed to take action according to the law under Section 107, to further prevent the breach of that peace. Get in touch with the best lawyer online The Court superior to it should have all reasons to loathe in interfering when a certain show causes that the notice is issued and because any such interference would clearly amount to initiating putting it in the process which is further initiated by the Magistrate to prevent the breach of peace. It is a very common understanding that, after the annual village festival finishes, the lack of contentment in various factions will simmer for a reason. As each group will seek or want the other. In this case the police sense and avoid the situation to explode that particular Station House Officer and would lay this information that is necessary before the Magistrate. In the State of Tamil Nadu, it is the practice for the police to send reports in the form of as mentioned under Section 107 of CrPC and has received very serious criticism, particularly under the ground that Section 107 of Cr.P.C. It is not a provision that warrants registration of an FIR as under Section 154 of the Code of Criminal Procedure and this particular argument can be very appealing, especially legally, but the practice is primarily prevalent in the State and is being used by the Police and that too to send a report to the Magistrate. The State Government has clearly provided and given any other means or method of sending this particular report.
J.khan