What is the 107 CrPC?
In proceedings under section 107, Criminal Pro-cedure Code, a Magistrate has the power, in cases of emergency when a breach of the peace is imminent, to order the accused person to furnish security pending the completion of enquiry (vide section 117(3), Criminal Procedure Code).
Is Section 107 bailable?
The term of punishment for committing the offence and whether the act committed is a bailable offence or not, depends on the nature and gravity of the act committed.
What is the punishment of IPC 107?
Instigates any person to do that thing; or. Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or.
Under which section 107 CrPC The Magistrate has power to drop proceedings initiated?
P.C. Our answer to question 2 (b) is that in such a case, the Magistrate cannot proceed to pass an order under Section 146 Cr. P.C. 5. If they are separate, the Magistrate can drop the proceedings under Section 145 & pass such order as he thinks fit in the proceedings under Section 107.
What is 107 151 CrPC?
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
How do you challenge 107 CrPC?
(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 …
What is personae error?
“Error in personae” or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended victim.