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The order should not be based solely on allegations or reports without substantive grounds or specific details ["KARTHIKA PRADEEP vs STATE OF KERALA - Kerala"]
Analysis and conclusion
In the realm of preventive justice under Indian criminal law, Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, plays a pivotal role. This provision empowers Executive Magistrates to require individuals to execute bonds for keeping the peace, aiming to avert potential breaches of public tranquility. But what are the specific grounds on which an order under Section 107(5) BNSS can be made? This question arises frequently amid evolving jurisprudence, especially as BNSS replaces the Code of Criminal Procedure (CrPC), 1973.
This blog post delves into the legal landscape, drawing from available precedents and analyses. Note that while we provide general insights based on documented cases, this is not legal advice. Consult a qualified lawyer for case-specific guidance.
The BNSS, effective from July 1, 2024, modernizes preventive measures previously governed by CrPC Sections 106-110. Section 107 BNSS typically addresses security for keeping peace when there's an apprehension of breach. Subsection (5) likely pertains to procedural aspects, such as the form or execution of orders, though direct precedents are scarce.
Key challenge: No reviewed documents directly reference or interpret Section 107(5) BNSS. Materials predominantly discuss unrelated statutes like the Rajasthan Municipalities Act, 1959 (exemptions from taxes under Sections 104-106) or Madhya Pradesh Land Revenue Code, 1959 (map corrections). For example:- The State Government may, if in its opinion reasonable grounds exist for so doing, grant and define, by notification in the Official Gazette, such exemptions... Mohan Lal Daga VS The State Of Rajasthan - 1970 0 Supreme(Raj) 223- Proceedings for map corrections under unamended Section 107(5) continue per General Clauses Act Section 10(e). Radhasoami Satsang Vyas VS State of M. P. - 2021 0 Supreme(MP) 605Sukhdin VS Dashrath Singh - 2021 0 Supreme(MP) 681
These civil contexts—municipal taxation DELHI CLOTH AND GENERAL MILLS CO. LTD. VS MUNICIPAL COUNCIL, KOTA - 1978 0 Supreme(Raj) 41Municipal Council, Kota VS J. K. Synthetics Ltd. , Kota - 1988 0 Supreme(Raj) 719Raj. Spinning & Weaving Mills Ltd VS Municipal Board Gulabpura - 2005 0 Supreme(Raj) 2040 or land revenue—offer no transferable principles to BNSS's criminal preventive framework. Mohan Lal Daga VS The State Of Rajasthan - 1970 0 Supreme(Raj) 223
Given BNSS's correspondence to CrPC provisions, courts often apply CrPC interpretations analogously. BNSS aligns with erstwhile Sections 107 and 111 CrPC, emphasizing procedural safeguards. ROBIN @ MUVAD vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 56888
To issue an order under Section 107 (or its BNSS equivalent), Magistrates must establish:- Apprehension of Breach of Peace: A credible likelihood of disturbing public tranquility, not mere personal disputes. The foundational facts to invoke Section 107 are not satisfied... AJITH vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55022AJITH S/O AYYAPPANKUTTY VS STATE OF KERALA - 2024 Supreme(Ker) 1620- Magistrate's Satisfaction: Not automatic upon police report. This Court cannot endorse... that once a report is made under Section 107, the Executive Magistrate is duty bound to act upon it. AJITH vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55022AJITH S/O AYYAPPANKUTTY VS STATE OF KERALA - 2024 Supreme(Ker) 1620- No Prior Incident Required: Proceedings can start on mere apprehension. An Executive Magistrate can initiate proceedings under S. 107 Cr.P.C. without a prior incident if there is a likelihood of a breach of peace. Krishnamurthy M. and Others v. Sub-Divisional Magistrate-cum Revenue and Another - 2018 Supreme(Online)(Mad) 176
In one case, allegations of rape and threats did not justify Section 107 invocation absent public disturbance. AJITH S/O AYYAPPANKUTTY VS STATE OF KERALA - 2024 Supreme(Ker) 1620
Orders must comply strictly:- Include substance of information, bond amount, term, and surety character. Absence invalidates: An order under Section 107 of the Cr.P.C. is invalid if it does not include the substance of the information received... Aji R. S/o Ravi VS State of Kerala - 2024 Supreme(Ker) 729- Unless the substance of information is stated in an order passed under Section 111 of the Cr.P.C, an order passed under Section 107... is bad in law. ROBIN @ MUVAD vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 56888
Failure to serve preliminary orders under BNSS (e.g., Section 126) quashes subsequent actions. ROBIN @ MUVAD vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 56888
Bullet-point checklist for valid orders:- Specific grounds for public peace disturbance. Madhusudhan Bhowmik VS State of West Bengal - 2023 Supreme(Cal) 334- Detailed show-cause notice per Section 111. Aji R. S/o Ravi VS State of Kerala - 2024 Supreme(Ker) 729Krishnamurthy M. and Others v. Sub-Divisional Magistrate-cum Revenue and Another - 2018 Supreme(Online)(Mad) 176- Judicial review limited to procedural compliance initially. Krishnamurthy M. and Others v. Sub-Divisional Magistrate-cum Revenue and Another - 2018 Supreme(Online)(Mad) 176- Not based solely on criminal accusations. Aji R. S/o Ravi VS State of Kerala - 2024 Supreme(Ker) 729
Courts quash orders lacking foundation:- Personal disputes insufficient: Merely because the counter petitioner was made an accused... is not sufficient to initiate proceedings under Section 107. Aji R. S/o Ravi VS State of Kerala - 2024 Supreme(Ker) 729- Vague notifications fail: Analogous to requirements for stating grounds of opinion. ANIL KUMAR SINGH VS STATE OF U. P. - 2009 Supreme(All) 3149
Unrelated statutes highlight irrelevance:- Exemptions need reasonable grounds notified in Gazette, non-retrospectivity. Municipal Council, Kota VS J. K. Synthetics Ltd. , Kota - 1988 0 Supreme(Raj) 719DELHI CLOTH AND GENERAL MILLS CO. LTD. VS MUNICIPAL COUNCIL, KOTA - 1978 0 Supreme(Raj) 41- No BNSS linkage. Radhasoami Satsang Vyas VS State of M. P. - 2021 0 Supreme(MP) 605
High Courts intervene if jurisdictional errors occur:- Quashing for insufficient grounds. AJITH vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55022- Remand for fresh compliant orders. Aji R. S/o Ravi VS State of Kerala - 2024 Supreme(Ker) 729
Civil challenges to notifications possible if ultra vires, but statute-specific. Municipal Council, Kota VS J. K. Synthetics Ltd. , Kota - 1988 0 Supreme(Raj) 719DELHI CLOTH AND GENERAL MILLS CO. LTD. VS MUNICIPAL COUNCIL, KOTA - 1978 0 Supreme(Raj) 41
As BNSS jurisprudence develops, these CrPC-aligned principles will likely guide Section 107(5) applications. Stay informed on updates, and always prioritize reasonable grounds backed by evidence to uphold public peace without overreach.
This analysis is for informational purposes only. Legal outcomes vary by facts and jurisdiction.
#BNSS107 #LegalGrounds #PreventiveJustice
Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) is the analogues to Section 107 of Cr.PC. Section 130 of BNSS is corresponding to Section 111 of Cr.PC. 12. ... It is specifically made clear that mere quashment of this preliminary order does not preclude the right of the authorities concerned to move as per law as against the petitioner under Section 107#HL_END....
This Court cannot endorse the submission made by the learned Public Prosecutor that once a report is made under Section 107 , the Executive Magistrate is duty bound to act upon it. ... The foundational facts to invoke Section 107 are not satisfied, wherefore, Annexure-4 Order is liable to be quashed, is the submission made. 4. This application was seriously opposed by the learned Senior Public Prosecutor. ... It was also submitted by the learned Publ....
This Court cannot endorse the submission made by the learned Public Prosecutor that once a report is made under Section 107, the Executive Magistrate is duty bound to act upon it. ... The foundational facts to invoke Section 107 are not satisfied, wherefore, Annexure-4 Order is liable to be quashed, is the submission made. 4. This application was seriously opposed by the learned Senior Public Prosecutor. ... 5. Having heard the lea....
BNSS , which corresponds to the erstwhile Sections 107 and 111 of the Code of Criminal Procedure,which reads as follows: Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, in short).
It is settled law that merely because the counter petitioner was made an accused in a case alone is not sufficient to initiate proceedings against him under Section 107 of the Code. ... It is submitted that the order does not speak about the necessity of invoking Section 107 of the Cr.P.C. ... Therefore, SDM initiated separate proceedings against those persons under Section 107 CrPC and passed an order under Section#HL_END....
Finally, it is contended that the preliminary order under Section 107 did not meet the requirement of Section 111 of the Code. Reliance is placed on the Full Bench decision of this Court in Moidu v. ... The nature of the crime, the offense involved, and how the petitioner is likely to endanger the peaceful and tranquil atmosphere of the area are also not mentioned in the order. 7. It would be relevant to have a look at Section 107 of the Code. “107. ....
Order to be made. - When a Magistrate acting under S.107, S.108, S.109 or S.110, deems it necessary to require any person to show - cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for ... The addition that was made to S.107 is the expression "disturb the public tranquillity". ... A small amendment was made to S.107 b....
Section 111 of the Code of Criminal Procedure, lays down: “111. Order to be made. ... 5. That due to several complaints made by the Opposite Party No. 2, Posta Police Station recorded several G.D.E. ... Section 107 of the Code of Criminal Procedure, lays down: “107. ... -When a Magistrate acting under section 107, section 108, section 109 or section 110, deems ....
In the Revision filed by respondent No.5 specific grounds are raised by them. ... It is contended that in the Appeal filed by respondent No.5, false grounds have been raised. ... It is the contention of petitioners that respondent No.5 has raised patently false grounds in Revision Petition No.149/2012. ... While challenging Mutation Entry No.4408, respondent No.5 raised patently false grounds. First ground taken by respondent No.5 i....
State of Kerala and Another (2009 (4) KHC 929), this Court has held that unless the substance of information is stated in an order passed under Section 111 of the Cr.P.C, an order passed under Section 107 of the Cr.P.C. is bad in law. BNSS , which corresponds to the erstwhile Sections 107 and 111 of the Code of Criminal Procedure,which reads as follows: 126. ... In fact the petitioner has not received any show cause notice or preliminary order from ....
That event can occur only on entering findings which would constitute the requisite elements to make an order under that provision. Section 39 provides different grounds on which an order of suspension may be made. The question then would be as to whether the exercise of the authority to suspend has been appropriately exercised in the context of the statutory expression, that an order of suspension 'may' be made. Once a show cause notice is issued with a charge-sheet under the Adhiniyam, 1993 proposing removal of an office bearers of the Panchayat, the jurisdictional fact t....
An order under Section 397 or Section 398 can be supported only if such grounds are present. The Court must have strong grounds before it to order winding up. The person complaining of oppression must show that he has been constrained to submit to a conduct which lacks in probity and conduct, which is unfair to him and which causes prejudice to him in the exercise of his legal and proprietary rights as a shareholder.
“An order contemplated by Section 99-D is made on an application under Section 99-B. The words which we have earlier quoted from Section 99-B occur substantially in the same form in Section 99-D. That order must therefore accept or reject the grounds on which the application under Section 99-B was made. These grounds, as we have seen, are confined to challenging the propriety of the grounds on which the Government’s opinion resulting in the order, was based.
If the grounds under Order 38, Rule 5 are made out then any property could also be attached under Order 38, Rule 5. But at the same time any order passed by Single Judge which remains intact, cannot be lightly interfered with simply because a party is trying to use the term "changed circumstances" which have not changed: HIH Ltd. v. Jyoti Pvt. Ltd.(1998) 72 Del. L.T. 696. It may be suit property, it may be a property which might form part of the security for any subsequent performance of a certain contract or a security for repayment of a loan or a property on which a charg....
Every order made by the appropriate authority under sub-section (1) shall specify the grounds on which it is made. (2) The Appropriate Authority shall cause a copy of its order under sub-section (1) in respect of any immovable property to be served on the transferor, the person in occupation of the immovable property if the transferor is not in occupation thereof, the transferee, and on every other person who the Appropriate Authority knows to be interested in the property." From a perusal of the above; it is clear that the only right which it confers upon the Appropriate A....
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