IPC 107

EXECUTIVE

Respected Experts, Kindly advise me how to go about for quashing a false IPC 107 case. A case has been registered under IPC 107 against my sister and the Lady Asstt Police Commissioner has asked her to execute a bond without any investigation. This is a false case and we need to get it quashed. Regards
 
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Advocate High Court

Sec. 107 of the Indian Penal Code does not define any offence. It talks about or defines what abetment of offence is. It also does not prescribe the sentence of punishment. Sec. 107 of the IPC is read with the Section which defines the principal offence. Therefore, you will have to make sure which is the principal offence with which your sister is charged.

Also, you will have to check out whether the principal offence is a bailable offence or a non-bailable offence. The lady police officer cannot ask your sister to execute a bond. The bond is executed before the Court, where your sister will be produced as an accused.

Hope that solves your query.

 
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FIN

Apparently you are not aware of full details of the matter.

Get full details from police officer.

If you are apprehending harassment or biased approach or penultimate action approach your own very able counsel at your location and proceed under expert advice of your counsel.

If you are confident that you can hadle as PIP, you may go ahead.

 
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EXECUTIVE

Thanks for your reply. The ACP has in her notice had said " You are directed to explain as to why you should not execute a bond to ensure peace and harmony in the locality". Surprisingly my sister is a housewife and has nothing to do with public peace and tranquility. Which section of IPC is this?
 
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Advocate,9444674980

I hope you have mistaken 107 crpc with 107 ipc,Section 107 Cr.P.C is a very vital and potential tool for an Executive Magistrate to take cognizance of complaints by police report or on information otherwise as the case may be of any probable incidence or apprehension of “breach of the peace” or “disturbance of public tranquility”. This is essentially and exclusively a preventive section which requires and empowers an Executive Magistrate to exercise power requiring a person or group of persons to execute a bond for keeping the peace for a period not exceeding one year or for a shorter period as the Magistrate thinks fit. The Executive Magistrate trying cases under this section may invoke provisions and can exercise powers either on his own motion or on receipt of a complaint whereupon on being primarily satisfied that there is possibility of a breach of the peace and the public tranquility in an area falling within his jurisdiction may issue notice to the person or to a group of persons complained against asking him or them to show cause as to why he or they should not be ordered to execute a bond for keeping the peace for a given period not exceeding one year. Here the most important point to be taken note of is that a Magistrate who exercises powers under this section should take cognizance of a complaint only when there is immediate apprehension of a breach of the peace and tranquility and should refrain from doing so when it is made known to him or when he has sufficient knowledge to rely upon that an incident of breach of the peace and public tranquility has already occurred, in which case the mater goes over to the jurisdiction of a Judicial Magistrate under the appropriate and relevant sections of either Criminal Procedure Code or Indian Penal Code or other provisions of law as would the situation necessitate. 

 
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advocate/director

I totally agree with Adv .Raghavan.

 

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
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