Sec 107 of crpc .
Annu
(Querist) 02 October 2013
This query is : Resolved
sir,
i have filed a complaint to police as some people were creating nuisance in my premises.
police took my statements and assured me that such people would be barred under sec 107 of Crpc.
police asked me for two witnesses for this but since the incidence took place in early morning and no one saw it so witnesses as such are not there.But i have video of incidence and also the constables who visited our home were the eyewitness.
Is it mandatory for witnesses to be there in case of provoking sec 107?
whts the remedy if no witness as such was available?
M.Sheik Mohammed Ali
(Expert) 02 October 2013
if not file a complaint, than you get CSR copy than file pvt complaint at judicial magistere direcly and privately. with your proof,
where are you from ?
if you are in chennai call me.
Satya Mani Tiwari
(Expert) 03 October 2013
107/116 crpc is a preventive section commonly used to safe guard life & Proprety of complainant, after a complain is filed in a police station in the enquiry by police it is common to ask for two eye witnesses but as per your circumstance you have video to confirm your side of story, its OK you do not need any more eye witnesses as the matter relates to an early morning when incident of threatening took place its logical.So with your statements police can take copy of Video. which is more than enough in any enquiry uder 107/116 crpc..After the enquiry police has to report the findings of their enquiry to the jurisdictional megistrate, the megistrate issues notice for appearnce against whom the complain was filed. Then in court the accused is WARNED & he is to confirm with a bond of GOOD BEHAVIOUR in court, such bond is valid from 3 months to 6 months as the case may be, in that period if the accuse violates the bond he may be imprisoned for the remaining period of bond (Which is rare)but in most cases I have come across its seldom any accuse breaks the bond, in case If police does not puts up application(Commonly known as ISTGASA) from their side after enquiry, in that case you can put up the application directly against the accuse person in the court having jurisdiction through your advocate.
The details of the whole procedure has been defined by me for the benefit & Knowledge for all others who may be having similar problems. I hope it answers your question
Mayank Kumar Advocate
(Expert) 03 October 2013
yes satya amni tiwari has clearly explained your query & no need other thing
Annu
(Querist) 03 October 2013
Thank you Tiwari sir....
your details r very simplified and concise.
R.K Nanda
(Expert) 04 October 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 06 October 2013
Well advised by exerts so no more to add.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
http://www.lawyersclubindia.com/experts/sec-107-of-CrPC-or-F-I-R--423156.asp
