CrPC Section 116 — Inquiry as to truth of information

CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

General

Summary

Sub-section (1) requires the Magistrate to inquire into whether the information leading to the action is true, and to take any further evidence that appears necessary. This applies when an order under section 111 has been read or explained to a person present in Court, or when a person appears or is brought before the Magistrate in response to a summons or warrant issued under section 113.

Sub-section (2) says that, as far as practicable, the inquiry must follow the procedure for conducting a trial and recording evidence in summons-cases.

Sub-section (3) allows the Magistrate, after the inquiry begins but before it is completed, to require the person named in the section 111 order to give a bond, with or without sureties, to keep the peace or maintain good behaviour until the inquiry ends. The Magistrate may do this only if immediate measures are considered necessary to prevent a breach of the peace, disturbance of public tranquillity, commission of an offence, or danger to public safety, and must record the reasons in writing. The person may be detained until the bond is given or, if it is not given, until the inquiry ends. Under clause (a), a person facing proceedings under none of sections 108, 109 or 110 cannot be required to give a bond to maintain good behaviour. Under clause (b), the bond’s conditions must not be more onerous than those in the section 111 order, including as to its amount, sureties, number of sureties or the extent of their financial liability.

Sub-section (4) allows a person’s status as an habitual offender, or as so desperate and dangerous that being at large without security would be hazardous to the community, to be proved by evidence of general repute or by other evidence.

Sub-section (5) allows the Magistrate to deal with two or more people connected with the matter under inquiry together in one inquiry or in separate inquiries, as the Magistrate considers just.

Sub-section (6) requires the inquiry to be completed within six months from the date it begins. If it is not completed within that period, the proceedings under the Chapter end when the period expires, unless the Magistrate directs otherwise for special reasons recorded in writing. If a person has been detained while the inquiry is pending, proceedings against that person end when six months of detention expire, unless they ended earlier.

Sub-section (7) allows the Sessions Judge, on an application by an aggrieved party, to cancel a direction under sub-section (6) allowing proceedings to continue if satisfied that the direction was not based on any special reason or was perverse.

Official Text

(1) When an order under section 111 has been read or explained under section 112 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 113, 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. 4. Ins. by s. 14, ibid. (w.e.f. 23-6-2006).

(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 111 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 in custody until such 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 108, section 109, or section 110 shall be directed to execute a 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 111.

(4) For the purposes of this section the fact that a person is an 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 within 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.

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