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Kamu Patel (abc)     14 July 2011

Section 107

1. My colleague had a qurrel with me I have audio recording ragarding this. Whether Audio recording is valid evidence in criminal case.

2. My colleague has launched a false complain against me that I has beaten him and his life is at threaten. Police called me and inform me that it is a case of  107 and you have to come to Mamlatdar Court and take Jamin

guide me whether I have to sign any bond or not 



Learning

 3 Replies

Arvind Singh Chauhan (advocate)     14 July 2011

You have to sign bond only for the appearance in court. Then inquiry shall be carried on by court in which you can submitt your above mentioned proof. This proof is fully admissible in law.

Kamu Patel (abc)     14 July 2011

thank you sir

RAKESH PIPRODIA (ADVOCATE)     15 July 2011

SECTION 107 of CrPC states as under;

(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.

 

Furtherance for your information and details this matter is also term as CHAPTER CASE, Imposed on a person who endangers peace. For which one has to sign a bond with or without surety.

 


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