is compulsory 4 both parties: Crpc 107/151
Jaswant Singh
(Querist) 05 August 2014
This query is : Resolved
Respected experts hi
Accused party abused and misbehaved at our home whereas they live at other lane in same colony, we gave proofs to police and SHO ordered to book only accused party under 7/51 whereas Police post investigate officer was favouring them. So after visiting SHO , IO also threatened to book us under same sections giving reference of Pb & Hry High court that " Both parties must be booked under 7/51 whereas SHO haven't ordered him to do so otherwise IO have to arrest on the spot to us too, not only to accused party.
1) If opposite party fabricate new story then their complain would be considerable or not?
2) Can police book us if yes then can we ask opposite party and police to tell us grounds or proofs on which they are alleging us.
3) If on baseless grounds they book us then what can we do legally to stop them.
4) Most important query is that is there any exception in high court orders where both party must not booked if only one party is creating disturbance.
I can prove that only opposite party is doing misdeeds.
ABDUL RAZIQUE
(Expert) 08 August 2014
Read it care fully.
About CrPC Sections 107 & 151
Section 107 of the Criminal Procedure Code: Apprehension of breach of peace and tranquility of an area.
1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of' the peace or disturb the public tranquility 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) Proceeding 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 tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
Section 151 of the Criminal Procedure Code: Arrest to prevent the commission of cognizable offences.
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this Code or of any other law for the time being in force.
A bench of justices P Sathasivam and B S Chauhan said that preventive detention of a person in apprehension of breach of peace is permissible only if the police is satisfied that the person is likely to commit a cognisable offence.
"The object of the Sections 107/151 CrPC are of preventive justice and not punitive. S.151 should only be invoked when there is imminent danger to peace or likelihood of breach of peace under Section 107 CrPC. An arrest under S.151 can be supported when the person to be arrested designs to commit a cognisable offence," Justice Chauhan writing the judgement said.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
Nothing more to add since the above expert has given a detailed reply to the author.
Jaswant Singh
(Querist) 09 August 2014
Is it compulsory to book both parties under 107/151 although complaint party is totally innocent.
Jaswant Singh
(Querist) 09 August 2014
If we r not satisfied on 107/151 then may we file suit in court that we have proofs which prove that only 107/151 not enough but stern punishment required to culprits .
Biswanath Roy
(Expert) 10 August 2014
I.O. is the sole legal authority for local investigation of the facts of complaint so if he finds any proof of criminality he can exercise his statutory power in this regard even he may take cognizance against the complainant, of course, reasons are to be recorded in writing.
