When a Magistrate deems it necessary to require any person to show cause why he should not be ordered to execute a bond for his good behaviour under Sections 107 to 110, he shall make a written order setting forth the substance of the information received, 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. (Section 111).
If the person in respect of whom such order is made is present in court, it shall be read over to him and explained, if necessary (Section 112). If such person is not present in the court, the Magistrate shall issue a summons requiring him to appear or, when already in custody, a warrant directing the officer in whose custody he is to bring him before the court. If there is reason to fear the commission of a breach of the peace, the Magistrate may, at any time, issue a warrant for his arrest. (Section 113).
Every summons or warrant so issued shall be accompanied by a copy of the order made by the Magistrate, which shall be delivered to the person served with, or arrested under the same (Section 114). The Magistrate may dispense with the personal attendance of such person and allow him to appear by a pleader if he sees sufficient cause to do so. (Section 115).
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ADVERTISEMENTS:
When such person appears the Magistrate shall enquire into the truth of the information upon which action has been taken and take such further evidence as may appear necessary. Such inquiry shall be made in the manner prescribed for conducting trials and recording evidence in summons cases. [Section 116 (1 and 2)].
Pending the completion of the inquiry the Magistrate may, 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, for reasons to be recorded in writing, direct the person in respect of whom the order 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 until such bond is executed or, in default of execution, until the inquiry is completed. But no person shall be directed to execute a bond for good behaviour if proceedings are not being taken against him under Section 108, Section 109 or Section 110, Cr.P.C. and the conditions of such bond shall not be more onerous than those mentioned in the preliminary order under Section 111, Cr.P.C. [Sections 116 (3)].
The inquiry under Section 16 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 shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs. In such a case 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 116 (6 & 7)].
If upon enquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour that the execution of a bond is necessary by the person in respect of whom the enquiry is made, the Magistrate shall make an order accordingly. But no person shall be ordered to give security of a nature different from or of an amount larger than or for a period longer than that specified in the preliminary order of the Magistrate under Section 111, Cr.P.C.
ADVERTISEMENTS:
The amount of every bond shall be fixed with due regard to the circumstances of the case, and shall not be excessive. When the person in respect of whom the enquiry is made is a minor, the bond shall be executed by his sureties only. (Section 117) If on an enquiry made it appears that the execution of a bond is not necessary for keeping the peace or maintaining good behaviour, the Magistrate shall make an entry on the record to that effect and discharge such person. If such person is in custody only for the purposes of the enquiry, he shall be released. (Section 118).