Crpc 107/116?
usa
(Querist) 02 August 2014
This query is : Resolved
Hello, the incident took place in december 2011 ,my neighbour boy and their family complaint a false fir against me for petty quarel ,when I reach police station they arrest me for 2 hours ,they din't write a complaint from my side after paying some fine they leave me.
I don't know what sec of law they frame against me,
I was out of town after few day my family receive summon fro sdm court ,order to pay bond for keeping peace I am not sure about sec but it was for parishanti bhang huyi hain,
One of my relative paid a bond of 500 rs. Bond for keep peace he advised to be away from complainant for six months the case will be dismissed.
One of my neighbour told me that complainat has also paid a bond for peace.
As I was out of town ,and I know I am innocent why there is no trial? No question from sdm court , they just send summon and order me to pay bond without knowing who is guilty or it could be a fake case.
after paying bond nothing happen between me and my neighbour the six month expired ,and then the police station send me notice that for parishanti bhang ki ja sakti hain ,and pay the bond I told him there is nothing I have done wrong why do I pay for something I have not done.he said ok and move from my house.
No court and police station notice to me after then ,but when I applied for my passport
Last year, the constable of police station said you have a crpc 107/116 against you 2011 case. he also said its not come under criminal category but its a kind of record but you don't need to worry its expire now not active never open against you.he said I will attach this in your passport application it non criminal but a kind of record.
First I want to know what is crpc 107/116?
Is it mean conviction if you pay a interim peace bond with complainant ?
No one broke peace bond the six month period expired does it still means conviction or any procceding pending against me as no fight happen in this 2 year.
I can understand as the bond expired the case should be disposed , but the police try to open it after six month sending me notice but I stand for my point and police dint come again from last 2 years.why they send notice for parishanti bhang chances as nothing happen what was that?
I don't.think so police take any action against me after six months because they got no reason to do it so,but I want to know paying peace bond in indian leagel sysytem is admitting guilt or conviction?
The peace bond expires no one broke any peace ,what does that mean' any case of crpc 107/116 pending against me.or its.disposed?
What kind of problem this could create in my passport, visa and govt.job?
how to take this case as no trail happen?
what kind of record is this in the local police station as the term for peace was six months and it expired successfully and how long they will keep it,what are.my option to.dispose it.
How to take this crpc 107/116 ?
Criminal record or convicted?
Just a 500 rs. Bond paid for peace ,the six month expired and no action after than does it mean just paying bond in leagel sysytem is guilt admission?
Final.question do I.need to mention this I any visa ,job ,govt. Job, passport and immigration.and is it police have right to attach copy of expired crpc107/116 case without repetitive action?
Or I am normal person with noncriminal life. Pls help
ROHIT SHARMA
(Expert) 02 August 2014
1. Such a case does not amount to be cognizable offence. Hence you are a normal person with noncriminal life.
Arvind Singh Chauhan
(Expert) 02 August 2014
What the constable said is right. It is not a punitive provision it is only prohibitory provision. It will not create any hindrance in issuing passport to you.
usa
(Querist) 02 August 2014
Thanx for the advice !
But I want to know if its a preventive provision and the peace bond expired 2 years back ,sucessfully than why local police station has kept the record in police station and how long they will keep this?
Is police have the right to attach this report against me and use in my passport application?
Do I have a option to dispose it completely as I don't want any trouble in my visa or govt job.
Pls help
usa
(Querist) 02 August 2014
If a apply for govt. Job,visa and for passport purpose
Do I need to mention this ?
If its a preventive section than why police constable told me that he will attach this report with my passport verification ? if its not criminal record than is it police have the right to use it for any screening ?
pls mention this points..
usa
(Querist) 08 August 2014
Pls answer my questions?
V R SHROFF
(Expert) 10 September 2014
too long a query ; be precise & short
