Section 108(1) in The Code of Criminal Procedure, 1973
(1)When [an Executive Magistrate] [Substituted by Act 63 of 1980, Section 2, for "a Judicial Magistrate of the first class" (w.e.f. 23-9-1980).] receives information that there is within his jurisdiction any person who, within or without such jurisdiction, -(i)either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of -(a)any matter the publication of which is punishable under section 124-A or section 153-A or section 153-B or section 295-A of the Indian Penal Code (45 of 1860), or(b)any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), or(ii)makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
