tendance to show cause why he should not be ordered to execute a sonal atbond for keeping the peace, and may permit him to appear by a pleader1. to truth of 117. When an order under section 112 has been read or Inquiry as explained under section 113, to a person present in Court, informaor when any person appears or is brought before a Magis- tion. trate in compliance with, or in execution of, a summons or warrant issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which he has acted, and to take such further evidence2 as may appear necessary. Such inquiry shall be made, as nearly as may be practicable, where the order requires security for keeping the peace, in the manner hereinafter prescribed for conducting trials in summons-cases 3; and where the order requires security for good behaviour, in the manner hereinafter prescribed for conducting trials in warrant-cases, except that no charge need be framed 5. For the purposes of this section the fact that a person is an habitual offender may be proved by evidence of general repute or otherwise. curity. 118. If, upon such inquiry, it is proved that it is necessary Order to for keeping the peace or maintaining good behaviour, as the give secase 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 first-that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for 1 Sec. 4, cl. (n), supra, p. 63 ; and as to when the Magistrate ought to allow appearance by a pleader, see 12 Cal. 133. 2 5 Bom. H. C., Cr. 105: 6 ibid. 1: 2 All. 835, per Straight J.: 12 Cal. 520. 3 Infra, chap. XX, ss. 241–250, and see cases in Mayne, P. C. p. 296. 4 Infra, chap. XXI, 88. 251–259. 56 All. 132. Before making an order directing security for good be haviour, the accused must be informed The mere record of previous con- As to appeals against this order, see sec. 406 infra, and 9 Cal. 878. Discharge of person informed against. Com mencement a period longer than, that specified in the order made under section 112: secondly-that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive 1: thirdly-that when the person in respect of whom the inquiry is made is a minor 2, the bond shall be executed only by his sureties. 119. If, on an inquiry under section 117, 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. C.-Proceedings in all Cases subsequent to Order to furnish Security. 120. If any person in respect of whom an order requiring of period security is made under section 106 or section 118 is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. for which security is required. Contents of bond. Power to reject sureties. In other cases such period shall commence on the date of such order. 121. The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment3 of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond 5. 122. A Magistrate may refuse to accept any surety for good behaviour offered under this chapter, on the ground that, 12 Cal. 384: 6 Cal. 14: 4 Mad. H. C. Rulings, xlvii. The amount should be such as to afford the person against whom the order is made a fair chance of complying with it. 2 Act IX of 1875. 3 Penal Code, sec. 107. See vol. i. of this work, pp. 25, 26. 5 As to the procedure thereon, see sec. 514 infra. for reasons to be recorded by the Magistrate, such surety is an unfit person. ment in default of 123. If any person ordered to give security under section Imprison106 or section 118 does not give such security on or before the date on which the period for which such security is to be given security. commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison, until such period expires or until within such period he gives the security to the Court or Magistrate which or who made the order requiring it, or to the officer in charge of the jail in which the person so ordered is detained. When such person has been ordered by a Magistrate to give Proceedings when security for a period exceeding one year, such Magistrate shall, to be laid before if such person does not give such security as aforesaid, issue a High Court of Session. warrant 2 directing him to be detained in prison pending the Court or orders of the Court of Session, or, if such Magistrate be a Presidency Magistrate, pending the orders of the High Court; and the proceedings shall be laid, as soon as conveniently may be, before such Court. Such Court, after examining such proceedings and requiring any further information or evidence which it thinks necessary, may pass such order on the case as it thinks fit 3: provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. Imprisonment for failure to give security for keeping the Kind of peace shall be simple. Imprisonment for failure to give security for good behaviour may be rigorous or simple as the Court or Magistrate in each case directs 5. imprison ment. 124. Whenever the District Magistrate or a Presidency Power to Magistrate is of opinion that any person imprisoned for 1 The ground of refusal must be valid and reasonable, 22 Suth. Cr. 37. 2 See the forms, Sched. V. Nos.13,14. There is no appeal from an order made by a District Magistrate under this section and, on reference by the Magistrate, confirmed by the Sessions Judge, 9 Cal. 878. Penal Code, sec. 53. 5 As to the removal of persons detained in prison under this section see the section substituted by Act X of 1886, sec. 25, for sec. 32 of the Prisoners' Act, 1871. release persons im or failing to give security. prisoned failing to give security under this chapter, whether by the order of such Magistrate or that of his predecessor in office or of some subordinate Magistrate, may be released without hazard to the community or to any other person, he may order such person to be discharged 1. District Whenever the District Magistrate or a Presidency Magistrate is of opinion that any person imprisoned for failing to give security under this chapter as ordered by the Court of Session or High Court may be released without such hazard, such Magistrate shall make an immediate report of the case for the orders of the Court of Session or High Court 2, as the case may be, and such Court may, if it thinks fit, order such person to be discharged 1. 125. The District Magistrate 3 may at any time, for Magistrate sufficient reasons to be recorded in writing, cancel any bond for keeping the peace executed under this chapter by order of the peace. any Court in his District not superior to his Court. may cancel bond for keeping Discharge of sureties. 126. Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to cancel any bond executed under this chapter within the local limits of his jurisdiction *. On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him. When such person appears or is brought before the Magistrate, such Magistrate shall cancel the bond, and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be. 1 See form of warrant to discharge, Sched. V. No. 115. 2 Sec. 4, cl. (i). 3 No other Magistrate can do so, sec. 530, cl. (f). * He cannot now exercise such power in the case of bonds executed without his local limits. CHAPTER IX. UNLAWFUL ASSEMBLIES. to disperse on com 127. Any Magistrate or officer in charge of a police-station1 Assembly may command any unlawful assembly 2, or any assembly of five or more persons likely to cause a disturbance of the public mand of Magistrate peace, to disperse; and it shall thereupon be the duty of the or policemembers of such assembly to disperse accordingly. This section applies to the police in the towns of Calcutta and Bombay. officer. to disperse. 128. If, upon being so commanded, any such assembly does Use of not disperse, or if, without being so commanded, it conducts civil force itself in such a manner as to show a determination not to disperse, any Magistrate or officer in charge of a police-station, whether within or without the Presidency-towns 3, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or soldier in Her Majesty's Army or a volunteer enrolled under the Indian Volunteers Act, 1869, and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. 129. If any such assembly cannot be otherwise dispersed, Use of military and if it is necessary for the public security that it should be force. dispersed, the Magistrate of the highest rank who is present may cause it to be dispersed by military force. officer com 130. When a Magistrate determines to disperse any such Duty of assembly by military force, he may require any commissioned manding or non-commissioned officer in command of any soldiers in troops required by Her Majesty's Army or of any volunteers enrolled under the Magistrate Indian Volunteers Act, 1869, to disperse such assembly by to disperse military force, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be 1 or a police officer superior in rank to an officer in charge of a police station, 7 Bom. 42. 2 Penal Code, sec. 142. * Sec. 4, cl. (h). assembly. |