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.