THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 443
Section 107
Whenever a Criminal Court is informed that any person who is likely to commit a breach of the peace or disturb public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb public tranquillity, the Magistrate, if in his opinion there is sufficient ground for proceeding, may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.
N OTES
- Is informed. The information must be reliable. A statement by a private person not upon oath or solemn affirmation is not credible information upon which alone a Magistrate can issue a summons under the section. The information must be of a clear and definite kind, directly affecting the person against whom process is issued, and should disclose tangible facts and details so that it may afford notice to such person of what he is to come forward to meet.
6 All. 26.
The act likely to cause a breach of the peace must be an impending one and not likely to happen at some future time ; it must be shown to be in contemplation at the time of the information given.
The act resulting in a breach of the peace must be wrongful.
Acts which amount to an exercise of lawful rights are not to be treated as wrongful acts necessitating an order under this Section.
An act which is lawful does not become unlawful because some persons oppose it.
Wrongful act means an act forbidden or declared to be penal or wrongful by the Criminal law, and not a mere improper act.
e. g. killing a cow.
singing of ballads in open streets.
saying Amin in a loud voice in prayers in a mosque.