Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC
Live LawThe Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure, requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. If the accused or the petitioner is unable to understand the meaning of the terms "show cause" then the Court would explain the allegations against him and as provided in Section 251 of the Code, read out such allegation and ask him whether he pleads guilty or not of CrPC refers to summons cases). If under Section 116 of CrPC the accused or the persons are unable to furnish the bond then in that case they would be deemed to be in custody from the date of their first production before the Executive Magistrate and if their enquiries are not concluded within a period of six months, the Court would close the proceedings and release the accused or the persons against whom proceedings were initiated. The development comes in a batch of revision petitions where the petitioners were accused of offences and were in custody when the police authorities prayed before the Executive Magistrate for invoking the provisions of Section 110 CrPC for the purposes of furnishing bond with sureties and the Magistrate accordingly passed the orders.