• Authority

Executive Magistrate
• Basis of his action

Receive information
• Nature of information
any 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 (section 107)
intentionally disseminates or attempts to disseminate or
abets the dissemination(section 108)
a person taking precautions to conceal his presence and
that there is reason to believe that he is doing so with a
 Offences under Section 110
• Opinion of Magistrate
 Sufficient grounds exist for proceedings
 Show cause notice 113. Summons or
warrant in case of
 Jurisdiction of Magistrate
person not so
person not so
present.
112. Procedure in
respect of person 114. Copy of order to
present in court. accompany summons
or warrant.

111. Order to be 115. Power to dispense with

made personal attendance.
 summons
case

special immediate
reasons measures
116.
Inquiry as
to truth of
informati
six on. proviso
months

two or habitual
more offender 
persons
• 117. Order to give security.
• 118. Discharge of person informed against.
• 119. Commencement of period for which security
is required.
• 120. Contents of bond.
FORM NO. 13
Bond for Good Behaviour
(See sections 108, 109 and 110)
WHERES I…………………………………….(name, inhabitant of (place)…………… have
been called upon to enter, into a bond to be of good behaviour to Government
and all the citizens of India for the term of ………………………………..(state the period) or
until the completion of the inquiry in the matter of …………………now pending in the
court of ………………….. . I hereby bind myself to be of good behaviour to Government
and all the citizens of India during the said term or until the completion of’ the said
inquiry; and, in case of my making default therein, I hereby, myself to forfeit to
Government the sum of rupees……………………………….
Dated, this ………………………… day of………………… 20…………
(Seal of the court) (Signature)
(Where a bond with sureties to be executed, add………..)
We do hereby declare ourselves sureties for the above
named…………………………. that he will be of good behaviour to Government and
all the citizens of India during the said term or until tile completion of the said
inquiry; and, in case of his making default therein, we bind ourselves, jointly
and severally, to forfeit to Government the sum of rupees……………….
Dated, this ………………………… day of………………… 19…………
(Seal of the court)
122. Imprisonment in default of security.

Person does Proceedings

not give before Court Officer of jail
security of Session
In respect
Breach of of two or
simple
bond more
person
Proceeding
Nature of
laid before Transfer of
imprisonme
session proceedings
nt
Judge
123. Power to release persons imprisoned for failing to give security.

arrest
• Release • Security as per
• Reduction • Condition not original order
fulfilled • Release after
• condition payment
Conditional
cancellation
discharge

Role of
surety
• 129. Dispersal of assembly by use of civil force.
• 130. Use of armed forces to disperse assembly.
• 131. Power of certain armed force officers to disperse
assembly.
• 132. Protection against prosecution for acts done
under preceding sections.

• NAGA PEOPLE'S MOVEMENT, OF HUMAN

RIGHTS ETC. ETC. Vs. UNION OF INDIA, AIR
1998 SC 431
• PEOPLES' UNION FOR DEMOCRATIC RIGHTS
V. STATE OF BIHAR & ORS. AIR 1987 SC 355
 133. Conditional order for removal of nuisance.

• District Magistrate or a Sub-Divisional Magistrate or

any other Executive Magistrate specially empowered 
• receiving the report of a police officer or other
information and on taking such evidence
• conditional order 
• he objects so to do, and show cause, why the order
should not be made absolute.
• Municipal Council, Ratlam vs Shri Vardhichand & Ors.,
AIR 1980 SC 1622
134. Service or notification of order.
135. Person to whom order is addressed to obey or show
cause.
• 136. Consequences of his failing to do so.
• 137. Procedure where existence of public right is
denied.
• 138. Procedure where he appears to show cause.
• 139. Power of Magistrate to direct local investigation,
examination, and examination of an expert.
• 140. Power of Magistrate to furnish written
instructions, etc.
• 141. Procedure on order being made absolute and
consequences of disobedience.
• 142. Injunction pending inquiry.
• 143. Magistrate may prohibit repetition or
continuance of public nuisance.
• Kachrulal Bhagirath Agrawal &
Ors vs State Of Maharashtra &
Ors, 2004 Cri. L.J.4634 (SC)
• Vasant Manga Nikumba v.
Baburao Bhikanna Naidu (1995
Supp (4) SCC 54)
• State of M.P v. Kedia Leather &
Liquor Ltd. & others (2003 (7)
SCC 389).
• Suhelkhan Khudyarkhan & Anr
vs State Of Maharashtra & Ors,
AIR 2009 SC 1868
 Section 144 Power to issue order in urgent
cases of nuisance or apprehended danger.
• in the opinion of
• sufficient ground for proceeding under this section
and
• immediate prevention or speedy remedy is desirable
• by a written order stating the material fact of the
case and served in the manner provided by section
134
• abstain from a certain act or to take certain order
with respect to certain property in his possession or
under his management
• if such Magistrate considers that such direction is
likely to prevent, or tends to prevent, obstruction,
annoyance or injury to any person lawfully
employed, or danger to human life, health or
safety, or a disturbance of the public tranquillity,
or a riot, or an affray.
• Ex- parte order
• directed to a particular individual, or to persons
residing in a particular place or area, or to the
public generally when frequenting or visiting a
particular place or area
• Forcibility of order
rescind or alter 
Babulal Parathe v State of Maharashtra.,AIR 1961 SC
884
State of Karnataka v Praveen bhai Thogadia., 2004
Cr.L.J 1825 (SC)
Re-Ramlila Maidan Incident Dt ... vs Home Secretary
And Ors(2012) 5 SCC 1
 144A. Power to prohibit carrying arms in
procession or mass drill or mass training with
arms.
• carrying of arms in any procession or the
organising or holding of, or taking part in, any
mass drill or mass training with arms in any public
place.
• particular person or to persons belonging to any
community, party or organisation.
• Forcibility of order
 145. Procedure where dispute concerning land
or water is likely to cause breach of peace.
Executive Magistrate

report of a police officer or upon other information

order in writing, stating the grounds of his being so

satisfied,
requiring the parties concerned in such dispute to
attend his Court in person or by pleader, on a
specified date and time,
written statements of their respective claims
A copy of the order shall be served in the manner for the
service of a summons
and at least one copy shall be published by being affixed to
some conspicuous place at or near the subject of dispute.
without reference to the merits or the claims

peruse the statements so put in,

hear the parties,

receive all such evidence as may be produced by them,

take such further evidence, if any as he thinks necessary,

Decide
at the date of the order made by him ,was in possession of
the subject of dispute:
 Cancellation of
order

Restoration of
Section 107 order

Legal
Summons to
Representativ
witnesses
es

Perishable
material
 146. Power to attach subject of dispute and to appoint receiver.

• Attachment of property
• Appointment of receiver
• Removal of receiver
R.H Bhutani v. Mani J. Desai, AIR 1968 SC 1444
Ranbir Singh v. Dalbir Singh, (2002) 3 SCC 700
Ram Mehar Singh v State of NCT of Delhi, 2012 Cri.L.J 410
(SC )
147. Dispute concerning right of use of land or water.
148. Local inquiry.
Preventive action of the police (Section 149 to 153)
Ahmed Noormohammad Bhati v. State of Gujarat.,
2005 Cr.L.J 2157 (SC).