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Ishan Wath   31 October 2021

107 ki karyawahi

few days back I was taken under custody under section 353 for slapping a railway personel and was been given under MCR, I spent 12 days in the jail in MCR and then I came out on bail this Monday,
on Saturday one police officer came at my house and said on Monday u need to go to ACP office for some writting of bond.
when I enquired from some of my friends they said that it is called as "107 ki karyawahi"
I need to know about this in detail what is this 107 ki karyawahi all about, is it something to worry about, what I need to give them in writing ?
do I need to take someone with me or should I go alone. kindly suggest.

will they again put me in jail?

I don't have any case in my life time other than this section 353,
my age is 32 and I am a PhD in mechanical engineering, I am resident of maharashtra


Learning

 6 Replies

Jitendra zoman   31 October 2021

it's 110 karvai....they will take bond from to maintain peace in future

G.L.N. Prasad (Retired employee.)     01 November 2021

Don't think too much, though as well educated you might have observed restraint in spite of the provocative attitude of such an employee.  It is some sort of bind over and you can take a friend that is having polite and convincing nature and call at the CP office.

P. Venu (Advocate)     01 November 2021

It appears that the authorities do not intend to go any further than getting the bond executed. Anyhow, take the assistance of a local advocate to ascertain this aspect.

Dr J C Vashista (Advocate)     02 November 2021

Section 353 of Indian Penal Code, 1860 for detering a public servant form performance of his duty which is different from Section 107 of Code of Criminal Procedure 1973 for maintaining peace and tranquality.in the area, what is the actual problem / dispute ? 

minakshi bindhani   25 November 2021

As per your query!

(1) When an Executive Magistrate receives information 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 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) Proceedings 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 tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Hope it is useful!
Regards
Minakshi Bindhani

Section 107 of the Criminal Procedure Code,1973 states that the executive magistrate has the power to apprehend any individual for not more than a year on information that a person is likely to disturb the peace and public tranquillity

Archana Pandey   22 January 2022

Hello Mr. Ishan,

Sad to hear this.

Come to your query, Section 107 crpc explains that Executive Magistrate has a power to direct and call a person whom he thinks are likely to disturb peace and harmony of his jurisdiction. There is a possibility that Accused can disturb the public peace or may involve in any wrong acts again. He executes a bond of a year only not exceeding to that among the accused as a preventive measure to control such acts.

So, you should not worry about Section 107 crpc.


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