Which is the best crpc against 107 crpc? Which is the best crpc against 107 crpc?

Which is the best crpc against 107 crpc?
Money given to cheatfund agent when we are asking he lodged 107 crpc. How I counter? Thanks in advance..

Anik

Responded 1 year ago

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A.Hai,
Under Section 107 of Cr.PC, here must be (1) receipt of information by the Magistrate (2) such information must be that a person is likely to commit breach of the peace or disturb the public tranquillity and (3) on such information the Magistrate must be able to form an opinion that there are sufficient grounds for proceeding. However when such contention arises you can counter the same. The breach of the peace must be imminent to justify action under S.107. The information about the past conduct or wrongful acts of the past must not be remote or isolated but must be relatable to the present apprehension in the sense that it must have some relevance to the apprehension of likelihood of breach of the peace or disturbance of public tranquillity. If you find this helpful, please rate us.
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Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hai,
You have the following option to prove that you are not liable under Section 107 of Cr.PC. The breach of the peace must be imminent to justify action under S.107. The information about the past conduct or wrongful acts of the past must not be remote or isolated but must be relatable to the present apprehension in the sense that it must have some relevance to the apprehension of likelihood of breach of the peace or disturbance of public tranquillity. If you can prove this, you will be free from liability. If you find this helpful, please rate us.
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