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Understanding 'Wrongful Act' Under Section 107 CrPC: A Comprehensive Guide
Section 107 of the Code of Criminal Procedure (CrPC), 1973 empowers Executive Magistrates to require individuals to execute bonds for keeping the peace when there's a likelihood of breach of peace, disturbance of public tranquility, or commission of a wrongful act that may lead to such outcomes. But what exactly is a wrongful act under Section 107 CrPC? This question often arises in proceedings, and courts have provided clear guidance on its scope. This post breaks down the legal meaning, judicial interpretations, and practical implications based on key precedents.
Disclaimer: This article provides general information on legal concepts and is not a substitute for professional legal advice. Consult a qualified lawyer for advice specific to your situation.
What Triggers Section 107 CrPC Proceedings?
Under Section 107(1) CrPC, an Executive Magistrate may act if satisfied that:
- Any person is likely to commit a breach of the peace,
- Disturb public tranquility, or
- Do any wrongful act that may occasion a breach of peace or disturb public tranquility.
The section states: When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility... Cheekireddy Subba Reddy, S/o. Subbarami Reddy, R/o. Vavilla Village, Kovur Taluk, Nellore District and others VS The State of Andhra Pradesh, represented by S. H. O. Vidavalu, Nellore District and another - 1973 Supreme(Mad) 88
Proceedings are preventive, not punitive, aimed at maintaining public order. The Magistrate issues a preliminary order under Section 111 CrPC, requiring the person to show cause why they should not execute a bond (with or without sureties) for up to one year. BINU GOPI vs STATE OF KERALA - 2023 Supreme(Online)(KER) 8185
Key Requirement: Magistrate's Satisfaction
The Magistrate must record subjective satisfaction based on sufficient grounds. Mere police reports or vague allegations aren't enough. Courts emphasize that the Magistrate cannot act mechanically. ANTONY vs STATE OF KERALA - 2023 Supreme(Online)(KER) 29097
Defining 'Wrongful Act' Under Section 107 CrPC
A wrongful act is not any improper or morally questionable behavior. Courts have consistently held:
An act to be wrongful within the meaning of s. 107 Cr.P.C. must be an act which is forbidden or declared to be penal or wrongful by the Criminal Law. An act, however improper it may be cannot be regarded as wrongful unless it is wrongful according to some law. Alladin VS State - 1950 Supreme(Raj) 109
Essential Elements of a Wrongful Act
- Legally Prohibited: Must violate criminal law (e.g., IPC provisions). Civil wrongs or ethical lapses don't qualify. B. Moosa Mohammed VS Amin, Minicoy - 1999 Supreme(Mad) 1304
- Likelihood of Breach: The act must probably occasion a breach of peace or public disturbance – not remote or speculative. AJITH S/O AYYAPPANKUTTY VS STATE OF KERALA - 2024 Supreme(Ker) 1620
- Future-Oriented: Focus is on imminent risk, not just past misconduct. Past acts serve as evidence of tendencies but must indicate future likelihood. Cheekireddy Subba Reddy VS State Of A. P. - 1973 Supreme(AP) 18
Examples from Case Law:
- Valid: Threats leading to potential violence, land disputes escalating to fights. Shiblal Paswan And Others, Petitioners VS State Of Bihar And Another - 1962 Supreme(Pat) 4
- Invalid: Mere registration of FIRs without specifics on peace breach, personal disputes without public impact. ARAVINDAKSHAN A Vs STATE OF KERALA - 2020 Supreme(Online)(KER) 8421
Magistrate's Discretion and Procedural Safeguards
The Magistrate enjoys absolute discretion but it must be exercised judiciously:
The Magistrate has absolute and unqualified discretion to decide whether or not it is imperative for the maintenance of peace to institute proceedings. Cheekireddy Subba Reddy VS State Of A. P. - 1973 Supreme(AP) 18
However:
- Information Source: Can be from police reports, private complaints, or other sources – no need for formal evidence at initiation. Cheekireddy Subba Reddy, S/o. Subbarami Reddy, R/o. Vavilla Village, Kovur Taluk, Nellore District and others VS The State of Andhra Pradesh, represented by S. H. O. Vidavalu, Nellore District and another - 1973 Supreme(Mad) 88
- Section 111 Order: Must contain the substance of information received, enabling effective defense. Vague orders are quashed. BINU GOPI vs STATE OF KERALA - 2023 Supreme(Online)(KER) 8185 S. P. Gupta: V. M. Tarkunde: J. L. Kalra: Iqbal M. Chagla: Lily Thomas: A. Rajappa: Union Of India: D. N. Pandey: R. Prasad Sinha VS Union Of India: Union Of India: Union Of India: P. Shivshankar: Union Of India: Union Of India: P. Subramanian: Union Of India: K. B. N. Singh - 1981 Supreme(SC) 511
The notice under s. 110 must contain something more than a mere reproduction of clause (1) of s. 107 Cr.P.C. There should be sufficient indication as to in what way... a person was likely to commit a breach of the peace. Alladin VS State - 1950 Supreme(Raj) 109
Common Grounds for Quashing Proceedings
Courts frequently quash orders under Section 482 CrPC if:
1. No Sufficient Grounds: Magistrate fails to apply mind; mechanical reliance on police report. ANTONY vs STATE OF KERALA - 2023 Supreme(Online)(KER) 29097 BAIJU POULOSE vs STATE OF KERALA - 2023 Supreme(Online)(KER) 22113
2. Incomplete Section 111 Order: Lacks details of allegations. JOUHAR vs SUB DIVISIONAL MAGISTRATE - 2023 Supreme(Online)(KER) 24925
3. Past Acts Too Remote: Acts over a year old without ongoing threat. Cheekireddy Subba Reddy, S/o. Subbarami Reddy, R/o. Vavilla Village, Kovur Taluk, Nellore District and others VS The State of Andhra Pradesh, represented by S. H. O. Vidavalu, Nellore District and another - 1973 Supreme(Mad) 88
4. No Imminent Breach: Private disputes without public tranquility risk. AJITH vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55022
Case Illustration: In a challenge to summoning orders, the court quashed proceedings noting: No satisfaction was recorded by the learned Magistrate even prima-facie to the effect that... petitioners herein are likely to commit a breach of peace. Labh Singh VS Hari Singh - 2011 Supreme(P&H) 2191
Evidence in Section 107 Proceedings
- Admissibility of Subsequent Events: Evidence of events during pendency is allowed under Section 117 CrPC, if the accused gets a chance to rebut. Acquittal in related cases doesn't invalidate Section 107. Shiblal Paswan And Others, Petitioners VS State Of Bihar And Another - 1962 Supreme(Pat) 4
- Burden: Prosecution shows apprehension; accused proves no risk.
- Bond Execution: Up to 1 year; failure leads to imprisonment without trial (preventive).
Interlink with Fundamental Rights
Section 107 balances public order with personal liberty (Article 21). Proceedings must follow natural justice – notice, hearing, reasons. Abuse can violate Articles 14, 19, 21. Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29 (analogous principles from passport impounding cases emphasizing natural justice).
Practical Tips if Facing Section 107 Notice
- Challenge Deficiencies: File petition under Section 482 CrPC/High Court if order lacks substance or grounds.
- Gather Evidence: Prove no imminent threat; highlight remoteness of past acts.
- Comply if Valid: Execute bond to avoid custody.
- Seek Expedition: Magistrates must decide promptly; delays can be challenged.
Key Takeaways
| Aspect | Key Principle |
|--------|---------------|
| Wrongful Act | Must be criminally illegal, likely to cause imminent breach. Alladin VS State - 1950 Supreme(Raj) 109 |
| Magistrate's Role | Subjective satisfaction with reasons; not mechanical. JOUHAR vs SUB DIVISIONAL MAGISTRATE - 2023 Supreme(Online)(KER) 24925 |
| Quashing Grounds | Vague orders, insufficient info, no public risk. |
| Evidence | Past + subsequent events admissible if rebuttable. Shiblal Paswan And Others, Petitioners VS State Of Bihar And Another - 1962 Supreme(Pat) 4 |
| Duration | Max 1 year bond; preventive, not punitive. |
In summary, under s 107 Crpc Wrongful Act requires a legally wrongful act with probable public disorder impact. Courts protect against misuse, ensuring proceedings serve peace, not harassment. Stay informed, act swiftly, and seek legal help.
This post draws from authoritative judgments to demystify Section 107. Legal outcomes vary by facts – professional consultation is advised.
Search Results for "Section 107 CrPC Wrongful Act Explained"
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
passport would satisfy mandate of natural justice - If such a provision is found by implication in the Passports Act 1967, the ... which is to be read by implication in the act itself - central government should exercise the power in a reasonable and respectable ... PASSPORT - FREEDOM OF SPEECH AND EXPRESSION UNDER ART. 19(1)(A) IS EXERCISABLE NOT ONLY IN INDIA BUT ALSO OUTSIDE IT. ... Section 11 of#HL_E....
1980 0 Supreme(SC) 279 • India - Supreme Court
A. C. GUPTA, N. L. UNTWALIA, P. N. BHAGWATI, R. S. SARKARIA, Y. V. CHANDRACHUD
302 - Code of Criminal Procedure, 1973 - Section 354 (3) - Impose Extreme Penalty Of ... Section 354 (3) of Code of Criminal Procedure, 1974 - Reliance for this argument was placed which according to counsel was no facts ... appellant in Criminal Appeal contended that in view of ratio courts below were not competent to impose extreme penalty of death ... Among other purposes are deterrents of the ....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
UNDER THIS SECTION IS “THE STATE” WITHIN THE MEANING OF ARTICLE 12 - ... ... if there is an instrumentality or agency of the State which has assumed the garb of a Government Company as defined under this ... section, it does not follow that it thereby ceases to be an instrumentality or agency of the State. ... a public servant within the mean....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
known as TADA Acts - Challenging constitutional validity of Section 9 of the Code of Criminal Procedure Act, 1976 by which Legislative ... of 1973 - Indian Evidence Act, 1872 - Criminal Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... Assembly of Uttar Pradesh has deleted Section 438 o....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
in S. 162 of the Code of Criminal Procedure and Section 123 of the Evidence Act, and have laid down principles which should be adopted ... Here, before us, is what looks like a pedestrian quasi-criminal litigation under S. 133, CrPC, where the Ratlam Municipality - the ... Nor can the decision to admit or exclude be safely lef....
2023 Supreme(Online)(KER) 3393 • India - High Court of Kerala
P. G. Ajithkumar, J
of information in orders under Section 107 CrPC, emphasizing that without sufficient detail, proceedings are unsustainable. ... Fact of the Case: The petitioner sought to quash proceedings initiated under Section 107 of the CrPC, arguing that ... Issues: Whether the order issued under Section 107 CrPC complied with applicable legal requirements regarding the disclosure ... of pea....
2023 Supreme(Online)(KER) 8185 • India - Kerala
p>The petitioner filed a Criminal Miscellaneous Case to quash an order passed by the Sub Divisional Magistrate under Section 107 ... CRIMINAL PROCEDURE CODE - SECTION 107 - SECTION 111 - ORDER - SUBSTANCE OF INFORMATION - SUMMARYFact of the Case: < ... 111 and 107 of the Criminal Procedure Code. ... of peace or disturb the public tranquillity or to do any wrongful act that may pr....
1962 0 Supreme(Pat) 4 • India - Patna
ANANT SINGH
An acquittal in a specific case related to an overt act does not render a proceeding under Section 107 bad, as the proceeding is ... Whether evidence of subsequent events is admissible in a proceeding under Section 107 CrPC? 2. ... Section 117 CrPC allows the magistrate conducting an enquiry under Section 107 to take further evidence as may appear necessary. .......
1950 0 Supreme(Raj) 109 • India - Rajasthan
MEHTA
Criminal P.C., s. 107—Wrongful act must be under some law.Criminal P.C., ss. 107 and 110— Notice to contain sufficient indication ... ... An act to be wrongful within the meaning of s. 107 Cr.P.C. must ... a mere reproduction of clause (1) of s. 107 Cr.P.C. ... by the criminal law, An #HL_S....
2023 Supreme(Online)(KER) 29097 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Criminal - Peace Bonds - Code of Criminal Procedure - Sections 107, 111 - The court interpreted the necessity of adequate grounds ... Issues: Whether the Sub Divisional Magistrate had sufficient grounds to invoke Section 107 CrPC in ordering the petitioners ... Section 107 CrPC, arguing the absence of sufficient grounds for the order as it merely cited a police report without detailed justification ... Section #HL_....
2024 3 Supreme 293 • India - Supreme Court
C. T. RAVIKUMAR, RAJESH BINDAL
Needless to say, that it requires an active act or direct act which led the victim to commit suicide seeing no option; and in other words, the act must have been of such a degree intending to push the deceased into such a position that he/she committed suicide. ... It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.” 7. ... Thu....
1950 0 Supreme(Raj) 109 • India - Rajasthan
MEHTA
An act to be wrongful within the meaning of section 107 Cr.P.C. must be an act which is forbidden or declared to be penal or wrongful by the criminal law, An act however improper it may be cannot be regarded a wrongful for purposes of section 107 Cr.P.C. unless it is wrongful according to some law (vide ... L.J. 453 and A.I.R. 1939 Sind 167) Similarly there is no allegation of doing any ....
1973 0 Supreme(Mad) 88 • India - Madras
CHENNAKESAV REDDY, SAMBASIVA RAO
sufficient ground for proceeding against the petitioners under section 107, Criminal Procedure Code and issued a preliminary order under section 112, Criminal Procedure Code. ... Dealing with the scope of section 107, Criminal Procedure Code, A.D.V. Reddy, J., in Mallu Thimma Reddy and others v. ... It is in the discretion of the magistrate to decide whether he should act or not on such information. Such information may be about past conduct and wrongful acts. They mu....
1973 0 Supreme(AP) 18 • India - Andhra Pradesh
CHENNAKESAVA REDDY, A.SAMBASIVA RAO
ground for proceeding against the petitioners under Section 107 cr. ... State of andhra Pradesh] stated the scope of Section 107 Cr. P. ... It is in the discretion of the Magistrate to decide whether be should act or not on such information. Such information may be about past conduct and wrongful acts. They must not be however too remote and disjointed. ... In all these cases it is common ground that the preliminary order under Section 112 Cr. P. C. has been passed ....
2021 0 Supreme(MP) 128 • India - Madhya Pradesh
VIVEK RUSIA
The law concerning Section 107 and 306 of IPC is well settled. In the case of Bhagwan Das Vs. ... For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. ... The Court observed that instigation is to goad, urge forward, provoke, incite or encourage to do "an act". ... The act of the accused, however, insulting the deceased by using abusive language will not, by itself, co....
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