Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CODE OF CRIMINAL PROCEDURE EXPLAINED

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

CHAPTER X — MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

Section 129

• Any Executive Magistrate or officer in-charge of a police station
  • may command
• any unlawful assembly or
• any assembly of five or more persons likely to cause a disturbance of public peace
  • to disperse

• It shall thereupon be the duty of the members of such assembly
  • to disperse accordingly

• If upon being so commanded, any such assembly does not disperse:
  • the Executive Magistrate or police officer
    • may proceed to disperse such assembly by force, if necessary, by arresting its members

Section 130

• If
  • such assembly cannot be otherwise dispersed and
  • it is necessary for public security that it should be dispersed
• Executive Magistrate of the highest rank who is present
  • may cause it to be dispersed by the armed forces

Conditional order for removal of nuisance — Section 133 (1)

• On
  • receiving report of a police officer or other information and
  • on taking such evidence as he thinks fit
• when a District Magistrate or an SDM considers
  • that any unlawful obstruction or nuisance should be removed
• from any public place or
• from any way which is lawfully used by public..
• that conduct of any trade or occupation or keeping of any goods or merchandise
  • is injurious to health or physical comfort of the community and
• that in consequence
  • such trade or occupation should be regulated or
  • such goods or merchandise should be removed…
• such Magistrate may make a conditional order
  • requiring the person causing such obstruction or nuisance, carrying on such trade or occupation or keeping any such goods or merchandise
  • to remove such obstruction or nuisance
  • to regulate such trade or occupation or
  • to remove such goods or merchandise
  • within a time to be fixed in the order or
• if he objects so to do:
  • requiring such person
    • to appear before him at a time fixed by the order and
    • to show cause why the order should not be made absolute

Section 133 (2)

• No order made by a Magistrate under this section
  • shall be called in question in any Civil Court

• A “public place” includes also
  • property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes

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Section 135 — Person to obey or show cause

• The person against whom such order is made
  • shall perform the act directed thereby or
  • shall appear and show cause against the same

Section 136 — Consequences of his failing to do so

• If such person
  • does not perform such act or does not appear and show cause
• he shall be liable to penalty u/s 188 IPC and
• the order shall be made absolute

Section 138

• If the person against whom an order u/s 133 is made
  • appears and shows cause against the order
• the Magistrate shall take evidence in the matter
  • as in a summons-case

• If the Magistrate is satisfied
  • that the order is reasonable and proper, either as originally made or with modifications
• the order shall be made absolute, without or with such modifications

• If the Magistrate is not so satisfied:
  • no further proceedings shall be taken in the case

Section 141

• When an order has been made absolute u/s 136 or 138:
• the Magistrate
  • shall give notice of the same to the person concerned and
  • shall further require him to perform the act within a time fixed in the notice and
  • inform him that, in case of disobedience, he will be liable to penalty u/s 188 IPC

• If such act is not performed within the time fixed:
  • the Magistrate may cause it to be performed..

• Magistrate may recover costs of performing it
  • either by sale of any goods or other property removed by his order or
  • by distress or sale of any other movable property of such person
• if such other property is without such jurisdiction:
  • the order shall authorise its attachment and sale
  • when endorsed by the Magistrate within whose local jurisdiction the property is found

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