ERAKUNATHER v. NAKAN RANTAN et al.

ERAKUNATHER v. NAKAN RANTAN et al.

P. C., Jaffna, 14,687.

Sentence for unlawful assembly-Binding over to keep the peace-Steps to prevent repetition of offence before punishing accused for committing it,-Criminal Procedure Code, s. 87.

The object of chapter VIII. of the Criminal Procedure Code is the prevention and not the punishment, of crime, and the attempt to use it as a punishment for a past offence is wrong, and is not sanctioned by law. Where, therefore, a Magistrate found the accused in a case guilty of being members of an unlawful assembly, and without inflicting any of the punishments mentioned in section 140 of the Ceylon Penal Code required them to execute a bond for keeping the peace under section 87 of the Criminal Procedure Code, held. that the order was wrong, inasmuch as the Magistrate had no power, until he had punished the accused for the offence already committed, to take steps to prevent its repetition.

THE accused in this case were charged with being members of an unlawful assembly, an offence punishable under section 140 of the Ceylon Penal Code. The Police Magistrate convicted them of that offence,

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