Adv. Mohit Chahal (Advocate) 01 February 2022
Dr J C Vashista (Advocate) 02 February 2022
Which Act is applied / referred in your query qua section 107 and / or 116 ?
P. Venu (Advocate) 02 February 2022
Please post the material facts.
Piyush Goyal 02 February 2022
Aryan Raj 02 February 2022
In response to your query,
Section 116 (CRPC) - When a 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.
Section 107(CRPC) - When an Executive Magistrate receives specific information that a person is particularly likely to commit a breach of the peace or disturb the society or public's tranquilly, or to commit any wrongful act that may, on occasion, breach the peace or disturb the society or public's tranquilly, and also believes that there is sufficient ground for proceeding, he may proceed in the manner provided, which requires success.
Both these provisions are preventive statutes to avoid any conflicts which may or may not occur as a result of the activity which the court suspects in given cases.
Regards,
Aryan Raj
Piyush Goyal 02 February 2022