Section 107 in The Code of Criminal Procedure, 1973
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information
assuming jurisdiction u/s 107. Section 107 authorises an Executive Magistrate to assume jurisdiction u/s 107 and pass an order u/s 111 when ... u/s 107 Cr.P.C. This has come for serious criticism on the ground that Section 107 Cr.P.C. is not a penal
Muralidhar, J.
1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (' CrPC ') challenge two Kalandaras arising ... steps envisaged in Section 107 strictly in accordance with the procedure outlined in the provisions of the CrPC set out thereafter. Such steps should
Crl.R.C.No.78 of 2020
19. Chapter VIII of the Criminal Procedure Code .—This consists of
sections 106,107 ... proceeding in a
criminal court is a judicial proceeding. Section 4 , sub-section (m), of the
Code of Criminal Procedure defines a judicial proceeding
petitioner submitted that
[W.P.(Crl.).No.520/2012] 9
proceedings under Section 107 of Cr.P.C. have been initiated
against the detenu ... Crl.).No.520/2012] 12
Section 3 of KAA(P)A is not necessary. When the proceedings
under Section 107 of Cr.P.C. initiated
proceedings under section 107 of the
Code of Criminal Procedure must be dropped. The proceedings
under section 107 of the Code, in our opinion ... were initiated against
V.O.Chidambaram Pillai under Section 107 of Cr.P.C. Section
107 Cr.P.C. deals with the security for keeping
under
Section 107 Cr.P.C. Report submitted to the Sub Divisional
Magistrate under Section 107 Cr.P.C is produced ... detaining authority has to perform under Section 3 of the
KAAPA, whereas the jurisdiction under Section 107 Cr.P.C is
totally different. The learned
section 109 and 110 of the Cr.P.C. however these sections have no relevance in the present proceedings under section 107 of ... provisions of section 107 of the Code of Criminal Procedure,
18. It, therefore, follows that section is preventive and as this section confers wide
proceedings
under section 107 of the Code of Criminal Procedure must be
dropped. The proceedings under section 107 of the Code, in
our opinion ... were initiated against V.O.Chidambaram Pillai under
Section 107 of Cr.P.C. Section 107 Cr.P.C. deals with the security for
keeping
under section 107 , section
108 , section 109 or section 110 , deems it necessary to
require any person to show cause under such section
he shall ... more power to Executive Magistrate. Section
107(1) acts as a check on their powers. Under Section
107(1) Cr.P.C. the Executive Magistrate