Rakesh (Prop.) 16 March 2011

Know about act

dear sir/madam,

i want to know in detail about 39 cr.p.c. and 107 cr.p.c.

thanking you.

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1 Replies

Gulshan Tanwar (Advocate) 16 March 2011

S.39

(i) Sections 121 to 126, both inclusive, and section 130 (that is to say offences against the State specified in Chapter VI of the said Code);

(ii) Sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) Sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv). Sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) Sections 302, 303 and 304 (that is to say, offences affecting life);

¹[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc);]

(vi) Section 382 (that is to say., offence of theft after preparation made for causing, death, hurt or restraint in order to the committing of the theft);

(vii) Sections 392 to 399, both inclusive, and section 402 (that is to say, offences (if robbery and dacoity);

(viii) Section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) Sections 431 to 439, both inclusive (that is to say, offence of mischief against property);

(x) Sections 449 and 450 (that is to say, offence of house-trespass);

(xi) Sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and

(xii) Sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).

Shall, in the absences of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

(2) For the purposes of this section, the term "offence" includes any act committed at any place out of India, which would constitute an offence if committed in India.

1. Ins. by Act 42 of 1993, sec. 33 (w.e.f. 22-5-1993)

Indian Oil Corporation Ltd. vs S.A. Neyazi on 25 September, 1997

Kumari Rekha Tyagi vs Vice Chancellor, University Of ... on 17 August, 2001

In Re: An Attorney vs Unknown on 2 January, 1914

Gangubai Bhagwan Kolhe vs Bhagwan Bandu Kolhe Since ... on 14 November, 2006

State Of Kerala vs Veevi Ammal And Anr. on 4 November, 1963

S.107

Security for keeping the peace in other cases.

(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.

The State vs Ram Singh on 5 November, 1956

The State vs Santokh Singh Samund Sing on 21 April, 1959

Hope you get your answer very clearly.