Nanda (Consultant) 18 March 2013

Section 107 ipc

Hi,

Me, my neighoubours and few of my friends are been booked under section 107 of IPC/CRPC. It all started when we opposed an illegal Church which is been build opp to my house. I had applied RTI for getting details about the Church and we came to know that it is an illegal Church... The building is approved for residential purpose. It has been converted into a Church/prayer hall. initally we had given several complaint againt the church to Police local municipal, but till date no action has been taken against the Church building or against the Church members.

I had exposed these issues in the media also. One day few of the church members attacked me this incicent has been caputured in my home CCTV. I had submitted the same to the Police and finally they registered a FIR against the Church members.

Police have registered 107 against us and refered to local Thasildhar, is this a serious issue, how do we handel this, do we need to taken any bail and do we need to appoint any lawyer?

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Advocate M.Bhadra 18 March 2013

The Code of Criminal Procedure, 1973 (CrPc)

SEC.107 Security for keeping the peace in other cases.

(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.

You should contact with a criminal lawyer and in view of above you have to file a show cause and may be furnished a Bond in the same Court.