Occupant of place searched may at tend. Power to document. Magistrate may direct search in his pre sence. things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses, but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person at his request. E.-Miscellaneous. 104. Any Court may, if it thinks fit, impound any document or other thing produced before it under this Code. 105. Any Magistrate may direct a search to be made in of presence any place for the search of which he is competent to issue a search-warrant1. his 1 See secs. 96-99, supra. PART IV. PREVENTION OF OFFENCES. CHAPTER VIII. OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. A.-Security for keeping the Peace on Conviction. conviction. 106. Whenever any person accused of rioting1, assault2 or Security other breach of the peace, or of abetting the same, or of for keeping the assembling armed men or taking other unlawful measures peace on with the evident intention of committing the same, or any person accused of committing criminal intimidation by threatening injury to person or property, is convicted of such offence before a High Court, a Court of Session or the Court of a Presidency Magistrate, a District Magistrate, a Subdivisional Magistrate or a Magistrate of the first class", and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix 7. If the conviction is set aside on appeal or otherwise, the bond so executed shall become void 8. 1 Penal Code, sec. 146. 2 Penal Code, sec. 351. 3 Penal Code, sec. 107. * See 2 All. 351. 5 or a Bench of Magistrates, of which one is a Magistrate of the first class, sec. 15. See the form, Sched. V. No. 10. As to the period for which the security VOL. II. H is required, see sec. 120. 7 That a deposit of money or Government Promissory notes may be taken in lieu of the bond, see sec. 513. If the accused neither executes the bond nor makes the deposit, he may be imprisoned under sec. 123. 8 N. W. P. 1875, p. 375. in other cases. B.-Security for keeping the Peace in other Cases and Security 107. Whenever a Presidency Magistrate, District Magis- Procedure of Magis section 107. A Magistrate before whom a person is sent under this section may in his discretion detain such person in custody until the completion of the inquiry hereinafter prescribed. 1 This must be 'clear and definite,' 'directly affecting the person against whom process is issued, and it should disclose tangible facts and details, so that it may afford notice to such person of what he is to come prepared to meet,' 6 All. 30, per Straight Offg. C.J., and see ibid. 136. The report of a subordinate Magistrate or a police-officer may be 'information' for the purpose of this section, 2 Mad. H. C. 240; though not for the purpose of sec. 118,6 Bom. H. C., Cr. 1. 2 residing within the local limits of his jurisdiction, 6 All. 28. 3 10 Ben. 441. A Magistrate cannot prevent A from exercising his rights of property because B would be likely to commit a breach of the peace if A did so. This section does not empower a Magistrate to issue process on persons not residing within the limits of his district. Where a Magistrate believes that certain persons resident beyond such limits are likely to break the peace within his district, he should have information of the fact laid before the Magistrate within whose district they reside, and have evidence in support thereof forthcoming, II Cal. 737. 109. Whenever a Presidency Magistrate, District Magis- Security trate, Sub-divisional Magistrate or Magistrate of the first behaviour for good class receives information from va grants and (a) that any person is taking precautions to conceal his pre- suspected sence within the local limits of such Magistrate's jurisdiction, persons. and that there is reason to believe that such person is taking such precautions with a view to committing an offence, or (b) that there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such Magistrate may, in manner hereinafter provided1, require such person to show cause why he should not be ordered to execute a bond2, with sureties, for his good behaviour for such period not exceeding six months as the Magistrate thinks fit to fix. tual offen ders. 110. Whenever a Presidency Magistrate, District Magis- Security for good trate, or Sub-divisional Magistrate, or a Magistrate of the behaviour first class specially empowered in this behalf by the Local from habiGovernment, receives information that any person within the local limits of his jurisdiction is an habitual robber, housebreaker or thief 5, or an habitual receiver of stolen property knowing the same to have been stolen, or that he habitually commits extortion, or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury 8, such Magistrate may, in manner hereinafter provided1, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate thinks fit to fix 10. 1 Secs. 112-117; see 11 Cal. 13. • Conversations out of Court are not proper material for acting upon, 6 All. 132, per Straight J., and see 2 All. 835. 5 See Penal Code, secs. 378, 390, 445. Penal Code, secs. 410, 411. 7 Penal Code, sec. 383. * Penal Code, sec. 385. The section does not, as it ought, apply to habitual protectors or harbourers of thieves, or to habitual aiders in the con cealment or disposal of stolen property. See form, Sched. V. No. 11:4 Mad. H. C. Rulings, xlvii. The amount of security should be such as to afford the person concerned a fair chance of complying with the order. 10 The mere fact that a person from whom security is required has been previously convicted of offences against property does not justify proceedings under this section. There must be evidence that he has done some act indicating an intention to return to his former course of life, to Bom. 174: 12 Cal. 520. Proviso as to European vagrants. Order to be made. Procedure in respect Court. or warrant 111. The provisions of sections 109 and 110 do not apply to European British subjects in cases where they may be dealt with under the European Vagrancy Act, 18741. 112. When a Magistrate acting under section 107, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received 2, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required *. 3 113. If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him 5. 6 114. If such person is not present in Court, the Magistrate in case of shall issue a summons requiring him to appear, or, when person not such person is in custody, a warrant directing the officer in whose custody he is to bring him, before the Court: so present. Copy of order under s. 112 Provided that, whenever it appears to such Magistrate, upon the report of a police-officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person', the Magistrate may at any time issue a warrant for his arrest. 115. Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under to accom- section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the served with, or arrested under, the same. pany sum mons or warrant. Power to person 116. The Magistrate may, if he sees sufficient cause, diswith per- pense with the personal attendance of any person called upon dispense |