SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOURCentral
Section 116 of The Code of Criminal Procedure, 1973
- (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 tranquillity 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 detain him in custody until such bond is executed or, in default of execution, until the i nquiry 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 purposes 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 within 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.
Summary
- The Magistrate must investigate whether the information that led to the court order is actually true.
- This inquiry starts after the order is read or the person appears in court.
- The Magistrate can take extra evidence during this inquiry to find the truth.
- The inquiry follows the same procedure used for trials of minor offences called summons-cases.
- If immediate action is needed for public safety during the inquiry, the Magistrate can demand an interim bond for good behavior or keeping the peace.
- Most inquiries must be finished within six months of starting, or the case will normally be dropped.
Practical examples
1The Magistrate is looking into reports that Aman is a habitual thief. Under Section 116, the Magistrate holds a hearing similar to a simple trial, listens to witnesses, and examines Aman's general reputation in the community.
2While an inquiry is still going on, the Magistrate learns that Rajesh is planning an attack tonight. To keep the city safe, the Magistrate orders Rajesh to sign an interim bond and keep him in custody until he does so.
3An inquiry into a dispute between two groups has lasted seven months without a special reason for delay. Because the six-month limit in Section 116 has passed, the legal proceedings against the groups are terminated.
FAQ
1. How is an inquiry conducted under Section 116 of the Code of Criminal Procedure 1973?
Under Section 116 of the Code of Criminal Procedure, 1973, the inquiry into the truth of the information is conducted as nearly as possible like a summons-case trial.
2. Can I be held in custody during an inquiry under Section 116 of the Criminal Procedure Code?
Yes, Section 116 of the Code of Criminal Procedure, 1973, allows the Magistrate to detain you if you do not provide a required interim bond for public safety during the inquiry.
3. How long does a Section 116 inquiry under the 1973 Criminal Procedure Code last?
Section 116 of the Code of Criminal Procedure, 1973, requires the inquiry to be completed within six months, unless the Magistrate records special reasons for an extension.
Test yourself
Q1.Under Section 116 of The Code of Criminal Procedure, 1973, what happens if an inquiry is not completed within six months?
Q2.According to Section 116 of The Code of Criminal Procedure, 1973, what evidence can be used to prove someone is a dangerous habitual offender?
Q3.Under Section 116 of The Code of Criminal Procedure, 1973, when can a Magistrate demand an interim bond?
Q4.Under Section 116 of The Code of Criminal Procedure, 1973, can the conditions of an interim bond be harder than the original show-cause order?