The Law of Criminal Procedure - Page 468

THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 447

setting forth the substance of the information received; the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

Section 113

If the person is present in Court it shall be read over to him, or if he so desires the substance thereof shall be explained to him.

Section 114

If he is not present a summons shall issue.

If immediate breach of peace is feared warrant may issue.

Section 115

Copy of the order shall accompany the summons.

Section 116

Power to dispense with personal attendance.

Section 117

Inquiry as to the truth of the Information

When the person is present the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

If action is taken under Section 107 the procedure shall be of a summons case.

If action is taken under Sections 108, 109, 110 it shall be as in warrant case except that no charge need be framed.

Pending inquiry, the Magistrate may, if he considers that immediate action is necessary for reasons to be recorded in writing, direct the person to execute a bond to behave until the conclusion of the inquiry.

Section 118

If upon such inquiry it is proved that bond is necessary, the Magistrate shall make an order accordingly.

Provided:

  1. That the order shall not be different from that served upon the person

  2. The amount of each bond shall not be excessive

  3. If the person is a minor the bond shall be executed by his sureties only.