Jan 22, 2018
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Section 116 : Inquiry as to truth of information

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Section 116 : Inquiry as to truth of information (Code of criminal Procedure Code, 1973)

1. When an order under section 111 has explained under section 112 to a person in Court. Or when any person appears or presented before a Magistrate according to a summons or warrant, issued under section 113. The Magistrate shall proceed to inquire into the truth of the information and also to take such further evidence as may appear necessary. The information upon which action has taken.

2. Such inquiry shall made in practicable sense. 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. If the Magistrate considers that immediate measures necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the Commission of any offence or for the public safety. The Magistrate may also record the reason in writing for same. He may also direct the person in respect of whom the order to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry. Or he may detain him in custody until such bond executed by him or, in default of execution, until the inquiry concluded.

Provided that-

  1. person against whom proceedings initiated under section 108, section 109, or section 110. Such person shall not directed to execute a bond for maintaining good behaviour;
  2. the conditions of such bond, contains amount thereof or the provision of sureties or the number thereof or the pecuniary extent of their liability. Such conditions shall not 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 so desperate and dangerous as to release without security may be hazardous to the community. This may proved by evidence of general repute or otherwise.

5. If two or more persons associated together in the matter under inquiry. The Magistrate shall, as he think just, deal them within the same or separate inquiries.

6. The inquiry shall completed within a period of six months from the date of its commencement. If such inquiry not so completed, the proceedings 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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Criminal law

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