CrPC 116 — Inquiry as to truth of information

Code of Criminal Procedure, 1973

Statutory text

(1) When  an  order  under  section  111  has  been  read  or  explained
under  section  112  to  a  person  present  in  Court,  or  when  any  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.

(2) Such  inquiry  shall  be  made,  as  nearly  as  may  be  practicable,  in  the  manner  hereinafter  prescribed  for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate,
if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance
of  the  public  tranquillity  or  the  commission  of  any  offence  or  for  the  public  safety,  may,  for  reasons  to  be
recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a
bond,  with  or  without  sureties,  for  keeping  the  peace  or maintaining  good  behaviour  until  the  conclusion  of  the
inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is
concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110
shall be directed to execute a bond for maintaining good behaviour;
(b) the  conditions of  such bond,  whether as to the amount  thereof or as to the  provision  of sureties or the
number thereof or the pecuniary extent of their liability,  shall not be  more  onerous than  those  specified in the order under section 111.
(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous
as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where  two  or  more  persons  have  been  associated  together  in  the  matter  under  inquiry,  they  may  be  dealt within the same or separate inquiries as the Magistrate shall think just.
(6) The  inquiry  under  this  section  shall  be  completed  within  a  period  of  six  months  from  the  date  of  its
commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of
the  said  period,  stand  terminated  unless,  for  special  reasons  to  be  recorded  in  writing,  the  Magistrate  otherwise
directs:
Provided  that  where  any  person  has  been  kept  in  detention  pending  such  inquiry,  the  proceeding  against  that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where  any direction is  made  under sub-section (6) permitting the  continuance of proceedings the  Sessions
Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

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