Inquiry as to truth of information


When an order under Section 112 has been
read or explained under Section 113 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 114, 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
prescribed in Chapter XX for conducting trial and recording evidence except that no
charge need be framed].
(3) Pending 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 112 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 inquiry 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 that those specified in the , order under Section 112.

For the purposes of this section the fact that a person is an habitual offender or is so
desperate and dangerous as to render him 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 with in the same or separate inquiries as the Magistrate shall
think just.

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