Code
(1) When an Executive Magistrate receives information 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 is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1 [with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction 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 jurisdiction.
Explanation
This section empowers a Magistrate to demand security from any person when there is reason to believe that such person is likely to commit a breach of the peace. This can be applied in various situations, for instance:
- When there are ongoing disputes or feuds between individuals or groups.
- When a person is making threats or acting in a manner that suggests they are likely to cause violence.
- When a person is known to have a history of violence or criminal activity.
The Magistrate can impose conditions on the person providing security, such as:
- Staying away from certain places or people.
- Not engaging in specific activities.
- Reporting regularly to the police.
Failure to provide security or comply with conditions can lead to penalties, including imprisonment.
Illustration
Imagine two neighboring families who are engaged in a long-standing property dispute. The situation escalates with threats and verbal abuse exchanged. Concerned about the potential for violence, a Magistrate can intervene under Section 107. The Magistrate can require both families to provide security, potentially asking them to stay away from each other’s properties or refrain from making threats.
Common Questions & Answers
Q: Can anyone be subjected to Section 107?
A:
No, Section 107 applies only when there is reasonable belief that a person is likely to commit a breach of the peace.
Q: What are the grounds for demanding security?
A:
The grounds are:
- The person is likely to commit a breach of the peace.
- The person has been previously convicted of a breach of the peace.
- The person is known to be of a turbulent and disorderly character.
Q: What are the consequences of failing to provide security?
A:
Failing to provide security or comply with the conditions imposed by the Magistrate can result in:
- Imprisonment.
- Fine.
- Both imprisonment and fine.
