• CrPC 107/116 and prosecution

Sir, i was charged under crpc 107/116 and signed bond in kuchhary for keeping peace and now their is a problem in police verification form for govt job, they ask "have you ever been prosecuted" and i will have to answer yes or no. what should i write as some people say you are not prosecuted as their is no conviction in these charges as it was just a preventive measure , prosecution happens when their is some kind of conviction and some people say you are prosecuted, now i am in great confusion whether i was prosecuted or not,
and will it make me unselected in govt job ....please guide me sir
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

proceedings under Section 107/116. Cr. P.C. are by way of preventive measure and do not attach any stigma or result in conviction.

2) you should disclose that you were charged under section 107/116 and have executed bond for keeping peace

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

This is not a criminal prosecution as the proceeding u/s 107 croc is proceeding of quasi civil nature.

So if you mention negative in the questionnaire for the job list it would not be a lie.

In other words yu were not prosecuted criminally.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Proceeding under Sections 107 and 116 (3) CrPC is drawn when the Magistrate receives an information and believes after forming an opinion that there is substantial ground for proceeding against a person. Therefore, the said proceeding is indicative of the fact that at some point of time in the past the petitioner was involved in causing breach of peace or disturbing public tranquility.

It would not be in public interest to appoint you for govt job .Proceeding under Sections 107, 116 CrPC has bearing on character; person facing such proceeding is not fit for appointment

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. In the instant case, you have not been prosecuted.

2. prosecution takes place where there is an offence/crime committed,

3. In the instant case, there has been no allegation of occurrence of any offence/crime and it is apprehended that you might commit some breach of peace. It is a preventive measure only and not any accusation against you.

4. You can safely right that you have never been prosecuted if there has not been any other case earlier apart from the instant one.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The nature of proceeding drawn by the Magistrate under Sections 107 and 116 (3) of the Cr.P.C. has been dealt with by the Hon'ble Supreme Court in the matter of Madhu Limaye Vs. Sub-Divisional Magistrate, Monghyr and others1. It has been observed in paras-32 & 33 thus:-

“32. The gist of Section 107 may now be given. It enables certain specified classes of Magistrates to make an order calling upon a 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. The condition of taking action is that the Magistrate is informed and he is of opinion that there is sufficient ground for proceeding that a 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. The Magistrate can proceed if the person is within his jurisdiction or the place of the apprehended breach of the peace or disturbance is within the local limits of his jurisdiction. The section goes on to empower even a Magistrate not empowered to take action, to record his reason for acting, and then to order the arrest of the person (if not already in custody or before the court) with a view to sending him before a Magistrate empowered to deal with the case, together with a copy of his reasons. The Magistrate before whom such a person is sent may in his discretion detain such person in custody pending further action by him.

33. The section is aimed at persons who cause a reasonable apprehension of conduct likely to a breach of the peace or disturbance of the public tranquility. This is an instance of preventive justice which the courts are intended to administer. This provision like the preceding one is in aid of orderly society

and seeks to nip in the bud conduct subversive of the peace and public tranquility. For this purpose Magistrates are invested with large judicial discretionary powers for the preservation of public peace and order. Therefore the justification for such provisions is claimed by the State to be in the function of the State which embraces not only the punishment of offenders but, as far as possible, the prevention of offences.”

Chattisgarh high court has held that person facing such proceedings is not fit for appointment

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

107/116 is just a preventive measure to preempt breach of peace, it is not a prosecution. However, those who say that prosecution takes place only when there is a conviction are fools. Be that as it may, you may answer the question in negative.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Section 107 as had been rightly opined is a preventive measure alone and not prosecution neither there was any conviction in this.

Hence you may very well state No in that column

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

You were never prosecuted hence the answer is just NO

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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