Section 117 of CrPC : Section 117: Order to give security.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a local shop owner, has been repeatedly involved in altercations with his neighbors, causing disturbances in the community. The police have received multiple complaints about his aggressive behavior.
Application of Section 117:
- Inquiry: The Magistrate conducts an inquiry into Rajesh's behavior and finds that his actions are indeed causing a breach of peace in the neighborhood.
- Order to Give Security: The Magistrate decides that to maintain peace, Rajesh must execute a bond of ₹10,000 with a surety, ensuring he will not engage in any further disruptive behavior for the next six months.
- Conditions: The bond amount is set considering Rajesh's financial situation and is not excessive. The period and nature of the bond are consistent with the initial order under Section 111.
Example 2:
Scenario: Priya, a 16-year-old student, has been caught vandalizing public property along with a group of friends. The local authorities are concerned about her behavior and its impact on public order.
Application of Section 117:
- Inquiry: The Magistrate conducts an inquiry and determines that Priya's actions are detrimental to maintaining good behavior in the community.
- Order to Give Security: The Magistrate orders that Priya must execute a bond of ₹5,000, but since she is a minor, the bond must be executed by her parents as sureties.
- Conditions: The bond amount is set with due regard to the circumstances, ensuring it is not excessive. The order specifies that Priya must maintain good behavior for the next year, and her parents are responsible for ensuring compliance.
Example 3:
Scenario: Mohan, a local activist, has been organizing protests that have occasionally turned violent. The authorities are concerned that future protests might lead to more serious breaches of peace.
Application of Section 117:
- Inquiry: The Magistrate conducts an inquiry and finds that Mohan's activities pose a potential threat to public peace.
- Order to Give Security: The Magistrate orders Mohan to execute a bond of ₹20,000 with two sureties, ensuring that he will conduct any future protests peacefully and without inciting violence for the next year.
- Conditions: The bond amount is determined based on Mohan's financial status and the potential risk his actions pose. The period and nature of the bond are consistent with the initial order under Section 111.
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