Code
(1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the i nquiry is concluded:
Provided that–
(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111.
(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
Explanation
Section 116 of the Code of Criminal Procedure (CrPC) empowers a Magistrate to conduct an inquiry into the truth of information received about a cognizable offence. This provision allows the Magistrate to gather evidence and investigate the validity of the information before proceeding further.
- Cognizable offence: A cognizable offence is one where the police can arrest a person without a warrant. Examples include murder, rape, robbery, etc.
- Magistrate: A judicial officer appointed by the government to conduct legal proceedings.
Illustration
Suppose someone reports to a Magistrate that they witnessed a robbery. The Magistrate, under Section 116, can then:
- Question the informant about the details of the robbery.
- Visit the crime scene.
- Examine any evidence found at the scene.
- Record statements from potential witnesses.
This inquiry will help the Magistrate determine whether a cognizable offence was actually committed and if further investigation is necessary.
Common Questions and Answers
Q: Does the Magistrate have to conduct an inquiry under Section 116?
A: No, the provision states “if he thinks fit,” meaning the Magistrate has the discretion to conduct an inquiry or not.
Q: What happens if the Magistrate finds the information to be false?
A: The Magistrate can take appropriate action, such as warning the informant or initiating legal proceedings for giving false information.
