Code
(1) When an order under section 130 has been read or explained under
section 131 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 132, 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 130 has been made to
execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the
conclusion of the inquiry, and may detain him in custody until such bond or bail bond is
executed or, in default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 127,
section 128, or section 129 shall be directed to execute a bond or bail 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 130.
(4) For the purposes of this section the fact that a person is a 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 with in 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.
Explanation:
- Sub-section (1): Once a person appears before the Magistrate, the Magistrate begins an inquiry to determine the validity of the information leading to the order under section 130. The Magistrate can also collect additional evidence if needed.
- Sub-section (2): This inquiry should be conducted as closely as possible to the procedures for trials and recording evidence in summons-cases.
- Sub-section (3): If the Magistrate believes immediate action is necessary to prevent a breach of peace, disturbance of public tranquility, or commission of an offence, they can order the person to execute a bond with or without sureties. This bond requires the person to maintain peace or good behaviour until the inquiry is complete. The Magistrate can detain the person until the bond is executed or the inquiry is concluded.
- Sub-section (4): To prove that a person is an habitual offender or dangerous, evidence of general repute or other relevant evidence can be used.
- Sub-section (5): If multiple individuals are involved in the matter, the Magistrate can conduct separate or joint inquiries depending on the circumstances.
- Sub-section (6): The inquiry must be completed within six months. If not completed, the proceedings are terminated unless the Magistrate extends the time for specific reasons. If a person is detained during the inquiry, the proceedings against them are automatically terminated after six months of detention.
- Sub-section (7): If the Magistrate extends the time for the inquiry, the aggrieved party can apply to the Sessions Judge to vacate the extension if it is not based on valid reasons.
Illustration:
A person is rumored to be planning to disrupt a public gathering. The Magistrate issues an order under section 130, requiring the person to show cause why they should not be bound over for maintaining peace. The person appears before the Magistrate. The Magistrate then conducts an inquiry, collecting evidence about the rumors and the person’s potential threat. Based on the evidence, the Magistrate may decide to order the person to execute a bond for maintaining good behaviour until the inquiry is complete.
Common Questions and Answers:
- Q: What are the grounds for ordering someone to execute a bond under section 130?
A: The grounds are to prevent a breach of peace, disturbance of public tranquility, or the commission of an offence.
- Q: Can the Magistrate detain someone during the inquiry?
A: Yes, if the Magistrate deems it necessary for the reasons mentioned in sub-section (3).
- Q: How long can an inquiry under this section last?
A: It must be completed within six months unless extended by the Magistrate for specific reasons. If a person is detained, the proceedings are terminated after six months of detention.
