Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 117 1973 – Chapter VIII – s.107 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – Chapter VIII – s.107, 117 – Bond in the sum of Rs.5,00,000/- was furnished by the appellant in terms of s.107 for keeping the peace in the wake of upcoming panchayat elections – Forfeited – Revision petition filed by the appellant was dismissed – Writ petition filed by appellant, High Court held that there was no illegality in the orders passed – On appeal, held: The scope and nature of s.107 is preventive and not punitive as it aims at ensuring that there be no breach of peace and that the public tranquillity be not disturbed by any wrongful or illegal act – Purpose of provisions of Chapter VIII cannot be altered from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay – In the present case, admittedly, on the alleged date of violation of the terms of bond, the election process had already been completed – Assuming that apart from his alleged actions of encroaching public property and obstructing the officials (u/s.186, IPC), the actions of appellant indeed led to breach of peace, the question is as to whether he was to be penalised with the entire amount reflected in the bond – Magistrate while ordering security u/s.117 has to take into consideration the status and position of the person to decide the quantum of security/bond – Appellant is a daily-wage earner – Even for the offence u/s.186 IPC, the prescribed punishment is of imprisonment extending to three months or with fine upto Rs. 500/- or both – Forfeiture of Rs.5,00,000/- on ground of obstructing a public servant while on duty, that too u/s.107 , is exceptionally high and beyond raison d’être of s.107 as also Chapter VIII – Bond amount of Rs.5,00,000/- is excessive even within the contours of proviso (b) to s.117 itself, regardless of the facts of the case – On facts, amount to be deposited by the appellant reduced to Rs. 5,000/- – Penal Code, 1860 – s.186. Code of Criminal Procedure, 1973 – Chapter VIII – ss.106- 124 – Held: Provisions of Chapter VIII of the Code are merely preventive in nature and are not to be used as a vehicle for punishment. Code of Criminal Procedure, 1973 – Chapter VIII – Furnishing of security and/or executing a bond under – Object of – Discussed. Code of Criminal Procedure, 1973 – s.466 – Power of Court under – Discussed. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1324 |
Petitioner | Istkar |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2022] 8 S.C.R. 854 |
Judgement Date | 2022-12-11 |
Case Number | 2034 |
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