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What is Inquiry as to truth of information? What is Order to give security? What is Discharge of person informed against? Section 116, 117 and 118 of Code of Criminal Procedure 1973

Inquiry as to truth of information, Order to give security and Discharge of person informed against is defined under Section 116, 117 and 118 of CRPC 1973. Provisions under this section is:

Section 116 of CRPC ".Inquiry as to truth of information"
(1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detail him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:

Provided that-

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111.

(4) For the purpose of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

 

Section 117 of CRPC ". Order to give security"
If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:

Provided that-

(a) no person shall be ordered to give security of a nature different from, or of an amount large than, or for a period longer than, that specified in the order made under section 111;

(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

Section 118 of CRPC ". Discharge of person informed against"
If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

   
 

SECURITY FOR KEEPING PEACE AND GOOD BEHAVIOR

Section 106 and 107 of Code of Criminal Procedure 1973 - What is Security for keeping the peace on conviction? What is Security for keeping the peace in other cases?

What is Security for good behaviour from persons disseminating seditious matters? Section 108 of Code of Criminal Procedure 1973

What is Security for good behaviour from suspected persons? What is Security for good behaviour from habitual offenders? What is the order to be made? Section 109, 110 and 111 of Code of Criminal Procedure 1973

What is Procedure in respect of person in Court? What is Summons or warrant in case of person not so present? What is Copy of order to accompany summons or warrant? Section 112, 113 and 114 of Code of Criminal Procedure 1973

What is Power to dispense with personal attendance? Section 115 of Code of Criminal Procedure 1973

What is Inquiry as to truth of information? What is Order to give security? What is Discharge of person informed against? Section 116, 117 and 118 of Code of Criminal Procedure 1973

What is Commencement of period for which security is required? What is  Contents of bond? What is Power to reject sureties? Section 119, 120 and 121 of Code of Criminal Procedure 1973

What is Imprisonment in default of security? Section 122 of Code of Criminal Procedure 1973

What is Power to release persons imprisoned for failing to give security? What is Security for unexpired period of bond? Section 123 and 124 of Code of Criminal Procedure 1973

 

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