The Code of Criminal Procedure, 1973 (CrPC) is the main legislation in India that lays down the procedural law for criminal cases. It provides the framework within which criminal proceedings are conducted in the country.
Section 107 of the CrPC deals with the "Security for keeping the peace and for good behaviour". It empowers a Magistrate to require an individual to furnish security for keeping the peace, or for good behavior, if he has reasonable grounds to believe that the person is likely to breach the peace or disturb public tranquility.
Under this section, a Magistrate can require an individual to furnish security either in the form of a bond, with or without sureties, or by depositing money or other valuables. The amount of security to be furnished is at the discretion of the Magistrate, and it can vary depending on the circumstances of the case.
The purpose of this section is to prevent the commission of offenses and to ensure that the person concerned does not engage in any activities that may disturb public tranquility. It is a preventive measure that is taken to avoid the occurrence of a crime, rather than a punitive measure.
If an individual fails to furnish the required security, the Magistrate can take further action, such as issuing a warrant for the arrest of the person concerned.
In conclusion, Section 107 of the CrPC empowers a Magistrate to require an individual to furnish security for keeping the peace and for good behavior, in order to prevent the commission of offenses and to ensure that the person concerned does not engage in any activities that may disturb public tranquility. It is a preventive measure that is taken to avoid the occurrence of a crime.
Appeal against the proceedings initiated under section 107 of CrPC
Para 30-31 Jigar Jimmy Pravinchandra Adatiya v. Para 60 - 74 State v. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter - The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. You can click on this link and join: Follow us on. 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.
Format of Application Under 107 CrPC
The criminal procedure gives a detailed structure for conducting trials in a criminal case. This provision like the preceding one is in aid of orderly society and seeks to nip in the bud conduct subversive of the peace and public tranquility. Para 12 Vijay Kumar Ghai v. Para 3, 4 Krishan Kumar v. But this discretion cannot be exercised arbitrarily and must be guided by judicial reasoning - Where not only does the Magistrate find the commission of a cognizable offence alleged on a prima facie reading of the complaint but also such facts are brought to the Magistrate's notice which clearly indicate the need for police investigation, the discretion granted in Section 156 3 can only be read as it being the Magistrate's duty to order the police to investigate. Section 151 empowers the police to arrest a person, without a warrant, whom they believe, may commit a cognizable offence.
CrPC 107/116 and prosecution
The author believes that measures could be taken to abolish the abuse of power under Section 107 and 151 of Code of Criminal Procedure, if not abolish but reasonably controlled by the abovementioned suggestions. The section goes on to empower even a Magistrate not empowered to take action, to record his reason for acting, and then to order the arrest of the person if not already in custody or before the court with a view to sending him before a Magistrate empowered to deal with the case, together with a copy of his reasons. Section 107 is preventive section and not punitive, hence there will be no strong and legal grounds for incarcerating a person unless there has been an in-depth scrutiny of facts presented to the Executive Magistrate on the basis of which he decides the case. He never lost his right merely because he became a public servant and merely because the allegations related to official discharge of his duties. Para 28-29 Jigar Jimmy Pravinchandra Adatiya v. The endorsement on the charge sheet presented by the police as it is without applying its mind and without recording brief reasons in support of its opinion is not countenanced by law.
CrPC Section 107. Security for keeping the peace in other cases
Time and again the higher courts have reiterated that the Executive Magistrates cannot exercise this power according to their whims and fancies, yet there have been cases of illegal arrest. Ideally, when the alleged offender is present in the court, an order under section 111 should be issued. However, according to a consultation paper on the law relating to arrest written in 1999, by the then chairman of law commission Justice B. Therefore, the presumption in favour of the accused does not get weakened but only strengthened. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. Whether a complaint discloses a criminal offence or not, depends upon the nature of the act alleged thereunder. However, the material which is required to be evaluated by the Court at the time of framing charge should be the material which is produced and relied upon by the prosecution.
107 and 116 crpc completely false complain
Barring a few exceptions, in criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interests of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interests of the community to book. In the case of acquittal, the power should be exercised before the order of acquittal is pronounced. 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. But where ocular evidence is found to be unreliable and thus unacceptable, a long delay has to be taken note of by the Court. The statue may be intra-vires to the Constitution but it does lack specificity in terms of remedies available against illegal arrest under the said section and the possibility of the same cannot be denied. An accused can properly defend himself provided he is clearly informed about the nature of the allegations against him before the actual trial starts.
