Report No. 102
The Present Law, and Comments on the working Paper
2.1. The provisions of the Code: section 107(1).-
For understanding the matter in greater depth, it is necessary to examine the scheme of the sections of the Code of Criminal Procedure, 1973 that are relevant to the topic under discussion.
Section 107(1) of the Code reads as under:-
"107(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 hereafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period not exceeding one year, as the Magistrate thinks fit."
Breach of the bond, if ultimately executed, is dealt with in section 122, to be considered presently.1
In section 107(1) of the Code, the words "with or without sureties" were added by Act 45 of 1978, which amended the Code of Criminal Procedure, 1973. However, similar amendment was not made (by the Act of 1978) in section 122(1)(b) of the Code. This point will be adverted to later, in greater detail.
1. Para. 2.3, infra.