Chapter VIII
Section 116 CrPC: Inquiry as to truth of information
New Law Update (2024)
Section 120 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When an order under section 111 has been read or explained under section 112 to a person 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 tranquility 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 inquiry is concluded: Provided that—
(i) 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;
(ii) 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) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) Where any direction is made under Sub-Section (8) 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.
Important Sub-Sections Explained
Section 116(3)
This sub-section allows a Magistrate to demand an interim bond for maintaining peace or good behaviour during the inquiry, even before its conclusion, if immediate measures are deemed necessary to prevent a breach of peace or public safety. Failure to execute such a bond can lead to detention.
Section 116(8)
This crucial sub-section mandates that the inquiry under Section 116 must be completed within six months from its commencement, failing which the proceedings automatically terminate, unless the Magistrate records special reasons in writing to extend it. However, if a person is detained, proceedings against them terminate after six months of detention, irrespective of extension.
Landmark Judgements
Madhu Limaye v. SDM Monghyr (1971):
This landmark Supreme Court case clarified the constitutional validity and scope of preventive detention under Sections 107/116 CrPC. It emphasized that while Magistrates possess preventive powers, these must be exercised judiciously, with due process, and a proper inquiry into the truth of the information, ensuring the person concerned has a right to be heard before an order is passed.
Pramatha Nath Talukdar v. Saroj Ranjan Sarkar (1962):
This case, while often addressing broader principles, reinforces the necessity for any judicial or quasi-judicial inquiry, including those under Section 116 CrPC, to adhere strictly to natural justice and fair procedure. It underscores that the Magistrate must conduct a thorough and unbiased inquiry into the allegations and base their conclusions solely on the evidence adduced.
Draft Format / Application
IN THE COURT OF THE SESSIONS JUDGE AT [City/District]
Criminal Miscellaneous Application No. ____ of 20__
IN THE MATTER OF:
[Name of Applicant]
S/o, D/o, W/o [Father’s/Husband’s Name]
Resident of [Address]
… Applicant
VERSUS
THE STATE OF [State Name]
(Through the Superintendent of Police / Magistrate, [District])
… Respondent
APPLICATION UNDER SECTION 116(9) OF THE CODE OF CRIMINAL PROCEDURE, 1973 TO VACATE DIRECTION FOR CONTINUANCE OF PROCEEDINGS
MOST RESPECTFULLY SHOWETH:
1. That proceedings were initiated against the Applicant under Section [107/108/109/110, as applicable] of the Code of Criminal Procedure, 1973, by an order dated [Date] passed by the learned Executive Magistrate, [Name of Court/Place].
2. That an inquiry under Section 116 of the CrPC commenced on [Date of Commencement of Inquiry].
3. That as per Section 116(8) of the CrPC, the said inquiry ought to have been completed within a period of six months from its commencement.
4. That the learned Executive Magistrate, vide order dated [Date of Magistrate’s Order], has directed the continuance of the said proceedings beyond the statutory period of six months by recording special reasons.
5. That the Applicant submits that the special reasons recorded by the learned Magistrate for the continuance of the proceedings are not valid/sufficient/based on cogent material/are perverse and do not justify the extension beyond the statutory period.
6. That the continuance of the proceedings is causing undue hardship and prejudice to the Applicant and is an abuse of the process of law.
7. That the Applicant is advised and verily believes that the said direction for continuance is unsustainable in law and ought to be vacated.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Vacate the direction dated [Date of Magistrate’s Order] passed by the learned Executive Magistrate, [Name of Court/Place], permitting the continuance of proceedings under Section [107/108/109/110, as applicable] CrPC against the Applicant;
b) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
[Signature of Applicant/Advocate]
[Name of Applicant/Advocate]
[Contact Details]