Report No. 102

2.5. Need for rectifying the anomaly.-

This does not appear to be a very satisfactory position. Ex-hypothesi where, in proceedings by way of preventive action, a person is called upon to furnish (besides his own bond), sureties also, the case is more serious than the case where only his personal bond is required. To put it differently, the need for preventive action against breach of peace is assumed to be stronger in cases where sureties are insisted upon, than in cases where sureties are not insisted upon. On this logic, the law, where it provides for sureties, should lay down more severe sanctions for default. For obvious reasons, it is necessary that the discrepancy between section 107(1) of the Code of Criminal Procedure (as it stands after the amendment of 1978) and section 122(1)(b) of the Code (not amended in 1978) should be rectified, by making an appropriate amendment in the latter provision. The precise amendment will be suggested in a later Chapter of this Report.1

1. Para. 3.1, infra.