What is 107 in police case?

(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 Section 107 151?

(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.

What is the maximum period for which a person can be kept in police custody?

Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate. A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an executive magistrate may order for a period of custody extending up to 7 days.

What is a judicial remand?

When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand.

What do you understand by unlawful assembly when lawful assembly will be unlawful assembly?

Under IPC an unlawful assembly means an assembly of 5 or more persons who have common object to use criminal force against Central or State Government, to oppose the execution of any law, to obtain possession of any property and to compel any person to do any illegal act.

Who wrote Criminal Procedure Code?

Thomas Babington Macaulay
I mean Thomas Babington Macaulay. Macaulay was no mean historian, of England, though not of India. Anyone who knows a smattering of Indian history should know about the Law Commission (Macaulay was chairman) of 1834, the Indian Penal Code (IPC), 1860 and the Criminal Procedure Code (CrPC), 1861.

What amount of monthly allowance can be ordered by Magistrate?

The maximum limit has been raised from rupees one hundred per month to rupees five hundred per month by Act No. 26 of 1955. The allowance should be made payable to the wife or to such other person on her behalf as the Magistrate may in his order direct.

What is the purpose of judicial custody?

‘Judicial custody’ is a situation where accused is sent to jail and NCB need court’s permission to investigate / question him. ‘Interim bail / bail’ is when the accused is released from the authority, allowed to go home, but have to co-operate with the authority if they need it during further investigation.

Is Section 107 and 151 of the Code of Criminal Procedure Constitutional?

Constitutional validity of sections 107 and 151 of Code of Criminal Procedure. Numerous petitions have been filed questioning the constitutional validity with regard to the powers vested in the hands of the magistrate and the police under these sections. Medha Patkar v.

How long can a magistrate hold a petitioner in judicial custody?

In this case, the Magistrate under the Sections 107 and 111 of the Code of Criminal Procedure detained the petitioners who were arrested under section 151 of Code of Criminal Procedure, in judicial custody for 6 days without offering them a chance to be heard.

Does section 107 give the police the power to arrest?

It is to be noted that section 107 does not vest any power in the hands of the police to arrest. However, according to a consultation paper on the law relating to arrest written in 1999, by the then chairman of law commission Justice B.P. Jeevan Redd, it was found that

What are the powers of Executive Magistrate under Section 107?

The executive magistrate mentioned in Section 107 is a part of the executive wing of the government and not the judiciary. This section has specifically vested powers in the hands of an Executive magistrate to show cause such person about whom s (he) may have received information as stated above.