442 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Found = does not mean where a person is discovered, but where he is actually present, whether he comes of his own accord or is brought under arrest.
6 Bombay 622.
A trial under this section will not be vitiated by reason of the fact that the accused has been brought into British India from a foreign territory under an illegal arrest.
13 Bombay L. R. 296.
Section 106 and 107 deal with dangerous quarrels.
Section 106 deal with the following cases :
Any person accused of any offence punishable under Chapter VIII of the Indian Penal Code, other than offences punishable under Sections 143, 149, 153-A and 154, or of assault, or, other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation is convicted and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on him, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.
If conviction is set aside on appeal or otherwise, the bond so executed shall become void.
High Court in revision may demand security.
N OTES . —Involving breach of the peace.
Two interpretations
- These words refer to offences in which a breach of the peace is an essential ingredient and not to offences which merely provoke or are likely t o lead to a breach of the peace.
30 Cal. 366. 47 Mad. 846 (848)
- These words include offences where a breach of peace is likely to occur.
This is the view of the Bombay and the Allahabad High Courts. So that a bond in cases involving Section 504 I. P. C. (insult with intent to provoke a breach of the peace) as well as Section 448 I. P. C. (removal of a land mark) is good.