CCP 107अध्याय IV · Prevention of Offences

धारा 107 · Security for keeping the peace in other cases

(1)

Whenever a District Magistrate, Sub-Divisional Magistrate or [Executive Magistrate of the first class] [Substituted by Act XL of 1966.] is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do not any wrongful act that may probably occasional a breach of the peace, or disturb tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may in manner hereinafter provided. 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 one year as the Magistrate thinks fit to fix.

(2)

[ Proceeding under this section may be taken before any Magistrate empowered to proceed under sub-section (1) when either the place where the breach of the peace or disturbance is apprehended is within the local limits of such Magistrate's jurisdiction or there is within such limits a person who is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act as aforesaid beyond such limits] [Section 107 (2) substituted by Act XLII of 1956.].

(3)

Procedure of Magistrate not empowered to act under sub-section (1). - When any Magistrate not empowered to proceed under sub-section (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 sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.

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