(3) An order under this section may also be made by an Appellate Court 1[or by a Court]
exercising its powers of revision.
B.__Security for keeping the Peace in other Cases and security for Good Behaviour.
107. Security for keeping the peace in other cases.__(1) Whenever a 2* * [Magistrate of
the first class] is informed that any person is likely to commit a breach of the peace disturb
the public tranquillity or to do any wrongful act that may probably occasion a breach of the
peace, or disturb the public tranquillity, the Magistrate 3[if in his opinion there is sufficient
ground for proceeding] may in manner hereinafter provided, require such person to show
cause why he should not be ordered, to execute a bond, with or without sureties, for keeping
the peace for such period not exceeding 2[three years] as the Magistrate thinks fit to fix.
(2) Proceeding shall not be taken under this section unless either the person informed
against or the place where the breach of the peace or disturbance is apprehended, is within the
local limits of such Magistrate’s jurisdiction, and no proceedings shall be taken before any
Magistrate 4[except with the approval of the Sessions Judge], unless both the person informed
against and the place where the breach of the peace or disturbance is apprehended, are within
the local limits of the Magistrate’s jurisdiction.
(3) Procedure of Magistrate not empowered to act under subsection (1). When any
Magistrate not empowered to proceed under subsection (1) has reason to believe 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 that such breach of the peace or disturbance cannot be prevented otherwise
than by detaining such person in custody, such Magistrate may, after recording his
reasons, issue a warrant for his arrest (if he is not already in custody or before the Court), and
may send him before a Magistrate empowered to deal with the case, together with a copy of
his reasons.
1 Subs. by the Law Reforms Ordinance, 1972, (12 of 1972) s. 2 and Sch., for “[including a Court hearing appeals under section 407] or by the High Court when”.
The words in crotchets were ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923) s.15.
2 Subs. by Ord. 12 of 1972, s.2 & Sch.
3 Ins. by Act 18 of 1923, s. 16.
4 Subs. by Ord. 37 of 2001, s. 30 (w.e.f. 1482001).
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