Description

1. When an order under Section 111 has been read or explained to a person in Court under Section 112, or when a person appears or is brought before a Magistrate in compliance with or execution of a summons or warrant issued under Section 113, the Magistrate shall inquire into the truth of the information that led to the action and take any further necessary evidence.
2. This inquiry shall be conducted, as far as practicable, in the manner prescribed for trials and the recording of evidence in summons cases.
3. If, at any time after the commencement but before the completion of the inquiry, the Magistrate believes that immediate action is necessary to prevent a breach of the peace, a disturbance of public tranquility, the commission of an offense, or to ensure public safety, they may, for recorded reasons, direct the person against whom the order under Section 111 was made to execute a bond—with or without sureties—for keeping the peace or maintaining good behavior until the conclusion of the inquiry. If the bond is not executed, the person may be detained in custody until the bond is executed or until the inquiry is concluded.
4. Provided that:
1. No person shall be required to execute a bond for maintaining good behavior unless proceedings are being taken against them under Section 108, 109, or 110.
2. The bond’s conditions, including the amount, provision of sureties, number of sureties, or their financial liability, shall not be more stringent than those specified in the original order under Section 111.
5. For the purposes of this section, a person’s status as a habitual offender or their being so desperate and dangerous as to pose a security risk to the community may be proven through general reputation or other evidence.
6. Where multiple persons are involved in the same matter, the Magistrate may conduct a joint or separate inquiry as deemed appropriate.
7. The inquiry must be completed within six months from its commencement. If not completed within this period, the proceedings shall stand terminated unless the Magistrate, for special recorded reasons, orders otherwise.
8. Provided that:
1. If a person has been detained during the inquiry, the proceedings against them shall automatically terminate upon completing six months of detention unless concluded earlier.
2. If the Magistrate permits the continuation of proceedings beyond six months, the aggrieved party may apply to the Sessions Judge, who may vacate such a direction if found to be unjustified or unreasonable.