Cr.P.C Section 107 | Security for keeping the peace in other cases._

Cr.P.C Section 107

Security for keeping the peace in other cases.

(1) Whenever a [* *], [Magistrate of the first class] is informed that any person is likely to commit a breach of the peace disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquillity, 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 6[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, [except with the approval of the Sessions Judge], unless both the person 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 subsection (1). When any Magistrate not empowered to proceed under subsection (1) has reason to believe 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 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 reasons, 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 [subsection (3) may in his discretion detain such person in custody [pending further action by himself under this Chapter.

Explanation of Cr.P.C Section 107

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